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: Judiciary
Sponsors: TALBOT ROSS, CARNEY, COLLINGS, FECTEAU, HARNETT, MARTIN, NEWELL, PERRY, JACKSON
Amends: Title 25, Section 1724, 12 MRSA §685-C, 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, 30 MRSA §6217, 30 MRSA §6218, 30 MRSA §6219, 30 MRSA §6220, 30-A MRSA §5681, 36 MRSA §111, 36 MRSA §1760, 36 MRSA §1815, 36 MRSA §5122

Legislative Document
No. 1626
H.P. 1210
House of Representatives, April 27, 2021
An Act Implementing the Recommendations of the Task Force on 
Changes to the Maine Indian Claims Settlement Implementing Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: COLLINGS of Portland, Speaker FECTEAU of Biddeford, HARNETT of 
Gardiner, MARTIN of Greene, NEWELL of the Passamaquoddy Tribe, PERRY of Calais, 
Senator: President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §685-C, sub-§10, as enacted by PL 1997, c. 739, §1, is amended 
to read:
10.  Operating a personal watercraft.  Operating a personal watercraft is prohibited 
on the following categories of great ponds:
A.  Great ponds located entirely or partly within the jurisdiction of the commission that 
are identified in an official comprehensive land use plan adopted by the commission 
pursuant to subsection 1 as being not accessible within 1/4 mile by 2-wheel drive 
vehicles, with less than one development unit per mile, and at least one outstanding 
resource value;
B.  Great ponds located entirely or partly within the jurisdiction of the commission that 
are identified in an official comprehensive land use plan adopted by the commission as 
being accessible within 1/4 mile by 2-wheel drive vehicles, with less than one 
development unit per mile, with 2 or more outstanding resource values in fisheries, 
wildlife, scenic or shore character;
C.  Great ponds and smaller ponds located entirely or partly within the jurisdiction of 
the commission that are identified in an official comprehensive land use plan adopted 
by the commission as being not accessible within 1/2 mile by 2-wheel drive vehicles, 
with no more than one noncommercial remote camp and with a cold water game 
fishery; and
D.  Great ponds with less than all but more than 2/3 of their surface area in or partly in 
the jurisdiction of the commission that are identified as being of statewide significance 
in the "Maine Wildlands Lake Assessment" dated June 1, 1987 prepared by the 
commission, with 2 or more outstanding resource values in fisheries, wildlife, scenic 
or shore character and with more than 1/2 of their shoreline in public and private 
conservation ownership with guaranteed public access for low-impact public 
recreation.
The commission shall implement this subsection by rule adopted in accordance with 
section 685‑A.  Rules adopted to implement this subsection are routine technical rules 
pursuant to Title 5, chapter 375, subchapter II‑A 2-A.
This section does not apply to any waters subject to regulation by the Maine Indian Tribal-
State Commission under Title 30, section 6207, subsection 3‑A.
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 Act enacted in 2021 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 Act, 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 and hereby 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, 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.
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 generally applicable 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.
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 that, 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.  "Houlton Band Trust Land" 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 for public uses pursuant to the 
laws of this State or the United States or as otherwise authorized by section 6205-A.
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, and rules or regulations and the common law of the State and its political 
subdivisions, and subsequent amendments thereto or judicial interpretations thereof.
4-A.  Nontribal citizen or nonmember.  "Nontribal citizen" or "nonmember" means 
a person or entity that is not a member of the Passamaquoddy Tribe, the Penobscot Nation 
or the Houlton Band of Maliseet Indians and is not a tribal entity.
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 15 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 entity.  "Tribal entity" means an entity, including but not limited to a 
corporation, partnership 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, when more than 50% of ownership interests are held by any combination of the 
tribe, nation or band and the tribe's, nation's or band's members.  For the purpose of this 
Title, "member" includes a married couple, at least one of whom is an enrolled tribal 
member.
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
1.  Passamaquoddy Indian territory.  Subject to subsections 3, 4 and 5, the 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 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;
B-1.  A total of 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe within Aroostook County, Franklin County, Hancock County, 
Penobscot County, Piscataquis County or Somerset County that meets the following 
requirements:
(1)  The secretary acquired the land for the benefit of the Passamaquoddy Tribe 
under this paragraph:
(a)  On or before the effective date of this subparagraph;
(b)  After the effective date of this subparagraph and the land is not located 
within a city, town, village or plantation; or
(c)  Except as provided in paragraph F, after the effective date of this 
subparagraph and the land is located within the borders of a city, town, village 
or plantation;
(2)  Before the secretary acquires land for the benefit of the Passamaquoddy Tribe 
under subparagraph (1), division (c), the Passamaquoddy Tribe and the relevant 
city, town, village or plantation must have entered into an agreement:
(a)  Under which the Passamaquoddy Tribe is required:
(i)  To make an annual payment in lieu of taxes on the land that equals the 
amount of taxes levied on that land by the relevant taxing authority for the 
benefit of the relevant city, town, village or plantation immediately prior 
to the date on which the Passamaquoddy Tribe acquired the land; or
(ii)  To comply with an alternative to payment in lieu of taxes under 
subdivision (i) that is mutually agreeable to the Passamaquoddy Tribe and 
the relevant city, town, village or plantation within whose borders the land 
is located or that is established by an arbitration panel under this paragraph;
(b)  Governing cooperation for mutual aid regarding which government will 
be responsible for local law enforcement over the land; and
(c)  Regarding the use by the Passamaquoddy Tribe of the land in a manner 
that is:
(i)  Not contrary to the local zoning ordinances in place prior to the date 
on which the Passamaquoddy Tribe acquires the land or is consistent with 
existing uses of land occurring within the city, town, village or plantation; 
or
(ii)  Agreed to between the Passamaquoddy Tribe and the relevant city, 
town, village or plantation within whose borders the land is located or 
established by an arbitration panel under this paragraph; and
(3)  If any of the agreements required by subparagraph (2) are not in place within 
days from the date the Passamaquoddy Tribe provides written notice to the city, 
town, village or plantation of the need to develop agreements to meet the 
requirements of subparagraph (2), either party may submit any dispute, claim, 
question or disagreement regarding the requirements of subparagraph (2) to 
binding arbitration, which must be governed by the rules of the American 
Arbitration Association or its successor organization unless other rules are agreed 
to by both parties.  The parties shall submit their last best offer regarding the matter 
to the arbitration panel, and the panel shall decide which last best offer on the 
matter best meets the applicable requirements of subparagraph (2);
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.; and
F.  Lands owned in fee simple by the Passamaquoddy Tribe on the effective date of 
this paragraph that the Passamaquoddy Tribe requests to have acquired in trust status 
by the secretary for the benefit of the Passamaquoddy Tribe, as long as the lands are 
within the geographic area and acreage restrictions set forth in paragraph B-1.  
Notwithstanding any provision of this Act to the contrary, the addition of lands owned 
in fee simple by the Passamaquoddy Tribe to the Passamaquoddy Indian territory 
pursuant to this paragraph is not subject to approval by any city, town, village or 
plantation within the State.
2.  Penobscot Indian territory.  Subject to subsections 3, 4 and 5, the The following 
lands within the State shall be are known as the "Penobscot Indian territory:"
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.
B-1.  A total of 150,000 acres of land acquired by the secretary for the benefit of the 
Penobscot Nation within Aroostook County, Franklin County, Hancock County, 
Penobscot County, Piscataquis County or Somerset County that meets the following 
requirements:
(1)  The secretary acquired the land for the benefit of the Penobscot Nation under 
this paragraph:
(a)  On or before the effective date of this subparagraph;
(b)  After the effective date of this subparagraph and the land is not located 
within a city, town, village or plantation; or
(c)  After the effective date of this subparagraph and the land is located within 
the borders of a city, town, village or plantation;
(2)  Before the secretary acquires land for the benefit of the Penobscot Nation under 
subparagraph (1), division (c), the Penobscot Nation and the relevant city, town, 
village or plantation must have entered into an agreement:
(a)  Under which the Penobscot Nation is required:
(i)  To make an annual payment in lieu of taxes on the land that equals the 
amount of taxes levied on that land by the relevant taxing authority for the 
benefit of the relevant city, town, village or plantation immediately prior 
to the date on which the Penobscot Nation acquires the land; or
(ii)  To comply with an alternative to payment in lieu of taxes under 
subdivision (i) that is mutually agreeable to the Penobscot Nation and the 
relevant city, town, village or plantation within whose borders the land is 
located or that is established by an arbitration panel under this paragraph;
(b)  Governing cooperation for mutual aid regarding which government will 
be responsible for local law enforcement over the land; and
(c)  Regarding the use by the Penobscot Nation of the land in a manner that is:
(i)  Not contrary to the local zoning ordinances in place prior to the date 
on which the Penobscot Nation acquires the land or is consistent with 
existing uses of land occurring within the city, town, village or plantation; 
or
(ii)  Agreed to between the Penobscot Nation and the relevant city, town, 
village or plantation within whose borders the land is located or established 
by an arbitration panel under this paragraph; and
(3)  If any of the agreements required by subparagraph (2) are not in place within 
days from the date the Penobscot Nation provides written notice to the city, 
town, village or plantation of the need to develop agreements to meet the 
requirements of subparagraph (2), either party may submit any dispute, claim, 
question or disagreement regarding the requirements of subparagraph (2) to 
binding arbitration, which must be governed by the rules of the American 
Arbitration Association or its successor organization unless other rules are agreed 
to by both parties.  The parties shall submit their last best offer regarding the matter 
to the arbitration panel, and the panel shall decide which last best offer on the 
matter best meets the applicable requirements of subparagraph (2).
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 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, 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, 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 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 received for such taking shall be 
reinvested in accordance with the provisions of paragraph B.
B.  If land within either the Passamaquoddy Indian Territory or the Penobscot Indian 
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 land shall be reinvested in other lands within 2 years of the 
date on which the money is received. To the extent that any moneys received are 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 be included within the respective Indian territory without 
further approval of the State.  To the extent that any moneys received are 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 be included within the 
respective Indian territory.  No land acquired pursuant to this paragraph shall be 
included within either Indian Territory until the Secretary of 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 received 
from such taking within 2 years of the date on which the moneys are received, the status of 
the lands acquired by such reinvestment shall 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 Act 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 or as required in subsection 1, paragraph B-1 and 
subsection 2, paragraph B-1, 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
1.  Approval Acquisition.  The State of Maine approves the acquisition, by the 
secretary,  Lands acquired for the benefit of the Houlton Band Trust Land within the State 
of Maine provided as follows of Maliseet Indians in accordance with the requirements of 
this section are known as Houlton Band Trust Land.
A.  No land or other natural resources acquired by the secretary may have the status of 
Houlton Band Trust Land, 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 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 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 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 Act 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 may be taken for public uses 
in accordance with the laws of the State of Maine to the same extent as privately-owned 
land.  The proceeds from any such taking shall be deposited in the Land Acquisition Fund.  
The United States shall be a necessary party to any such condemnation proceeding.  After 
exhausting all state administrative remedies, the United States shall have an absolute right 
to remove any action commenced in the courts of this State to a United States' court of 
competent jurisdiction.
3.  Restraints on alienation.  Any transfer of Houlton Band Trust Land shall be 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 is lawfully transferred to any person or 
entity, the land so transferred shall cease to have the status of Houlton Band Trust Land.
Sec. 7.  30 MRSA §6206, as corrected by RR 2019, c. 2, Pt. A, §30, 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 specified in this Act, the 
State, the Passamaquoddy Tribe and, the Penobscot Nation, within their respective Indian 
territories, shall and the Houlton Band of Maliseet Indians agree and intend pursuant to 
United States Public Law 96-420 and hereby recognize that the Passamaquoddy Tribe, the 
Penobscot Nation and 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 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.  The Passamaquoddy Tribe, the Penobscot Nation and 
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 and its officers and employees shall be are 
immune from suit when the respective tribe or nation is acting in its governmental capacity 
to the same extent as any municipality or like officers or employees thereof within the State.
3.  Ordinances.  The Passamaquoddy Tribe and the Penobscot Nation each has 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 must be made by each tribal governing body. If either tribe or nation chooses not 
to exercise, or to terminate its exercise of, jurisdiction as authorized by this section or 
section 6207, the State has 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 has exclusive jurisdiction 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.
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 repealed.
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, hunting, trapping and other taking of wildlife 
resources
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 that the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians have under federal Indian law to regulate 
fishing, hunting, trapping and other taking of wildlife within the boundaries of their Indian 
territory or trust land by:
A.  Tribal members 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, hunting, 
trapping and other taking of wildlife by Indians off Indian territory or trust land to the extent 
permitted under federal Indian law and in a manner consistent with reserved tribal treaty 
rights.
3.  Adoption of regulations rules by the commission.  Subject to the limitations of 
subsection 6 Except as provided in subsection 4 with respect to sustenance fishing by tribal 
members within the boundaries of their respective Indian territory or trust land that is 
subject to the exclusive jurisdiction of the respective tribe, nation or band, 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 Indian territory 
or trust land, other than those specified in subsection 1, paragraph B, 50% or more of 
the linear shoreline of which is ponds in which all the shoreline and all submerged 
lands are wholly within Indian territory or trust land 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 or 
trust land; and
C.  Any section of a river or stream one side of which is within Indian territory or trust 
land 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 nontribal 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 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 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 law 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 territory, trust land and Indian 
reservations, 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 or trust land 
or in waters subject to commission regulation and wildlife lawfully taken within on Indian 
territory or trust land 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 lands Indian territory or trust land.  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, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420 and hereby 
recognize that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians have the authority to regulate natural resources and land use within the 
boundaries of their respective Indian territory or trust land 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, the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
agree and intend pursuant to United States Public Law 96-420 and hereby recognize and 
adopt the application of federal Indian law with regard to the authority of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians to 
exercise exclusive jurisdiction to tax tribal members and tribal entities on their respective 
Indian territory and trust land, including entities owned by a tribe or tribal member.
5.  Not subject to state and local sales taxation.  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 and hereby 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 to not be subject to state or local sales taxation on Indian territory and trust land.
6.  Not subject to state income tax.  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 and hereby recognize and adopt the application of federal 
Indian law with regard to the right of the members of the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians who live 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 and trust land.
7.  Not subject to state and local real property tax.  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 and hereby 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 to not have their respective 
Indian territory or trust land be subject to state or local real property tax.
8.  Concurrent jurisdiction to tax nontribal citizens.  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 and hereby recognize and adopt the 
application of federal Indian law with regard to the authority of:
A.  The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians to exercise concurrent jurisdiction to tax nontribal citizens on their respective 
Indian territory or trust land; and
B.  State and local governments to exercise concurrent jurisdiction to tax nontribal 
citizens on Indian territory or trust land unless the State's or local government's 
jurisdiction is preempted.
9.  Sales tax; income tax rule-making authority.  This subsection applies to sales tax 
and income tax based on sales on, in, into, from or otherwise sourced to or income earned 
on or from activities on or otherwise sourced to Indian territory or trust land owned by the 
tribe, nation or band.
A.  Notwithstanding any other provision of this Act, the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians and their respective tribal 
members and tribal entities:
(1)  Are exempt from sales tax for sales on, in, into, from or otherwise sourced to 
their respective Indian territory or trust land; and
(2)  Are exempt from income tax on income earned on or from activities on or 
otherwise sourced to their respective Indian territory or trust land, as long as the 
tribal member or tribal entity resides on Indian territory or trust land.
B.  The State shall make payments to the Passamaquoddy Tribe, the Penobscot Nation 
and the Houlton Band of Maliseet Indians of the amounts of revenue attributable to the 
sales tax collected on, in, into, from or otherwise sourced to their respective Indian 
territory or trust land, reduced by the transfer to the Local Government Fund provided 
for by Title 30-A, section 5681.
C.  The Department of Administrative and Financial Services, Maine Revenue Services 
may enter into sales 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 Indian territory or trust land 
owned by the tribe, nation or band.
D.  The Department of Administrative and Financial Services, Maine Revenue Services 
may adopt rules to implement this section and shall confer with the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians regarding any 
proposed rules.  Rules adopted pursuant to this paragraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13.  30 MRSA §6208-A, as enacted by PL 1981, c. 675, §§7 and 8, is repealed.
Sec. 14.  30 MRSA §6209-A, as amended by PL 2019, c. 621, Pt. D, §§1 to 4 and 
affected by §5, 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 for which the maximum potential term of imprisonment is less 
than one year and the maximum potential fine does not exceed $5,000 and that are 
Class C, D and E crimes committed on the Indian reservation of the within 
Passamaquoddy Tribe Indian territory 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. 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);
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, 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, 
the Houlton Band of Maliseet Indians or the Penobscot Nation on the reservation of the 
within Passamaquoddy Tribe Indian territory;
C.  Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation 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;
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 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 offenses.  The Passamaquoddy 
Tribe has the right to exercise jurisdiction, concurrently with the State, over the following 
Class D crimes committed by a person on the Passamaquoddy Indian Reservation or on 
lands taken into trust by the secretary for the benefit of the Passamaquoddy Tribe, now or 
in the future, for which the potential maximum term of imprisonment does not exceed one 
year and the potential fine does not exceed $2,000: Title 17‑A, sections 207‑A, 209‑A, 
210‑B, 210‑C and 211‑A and Title 19‑A, section 4011.  The concurrent jurisdiction 
authorized by this subsection does not include an offense committed by a juvenile or a 
criminal offense committed by a person who is not a member of any federally recognized 
Indian tribe, nation, band or other group against the person or property of a person who is 
not a member of any federally recognized Indian tribe, nation, band or other group.:
A.  Class D crimes set out under Title 17-A, sections 207 A, 209 A, 210 B, 210 C and 
A and Title 19 A, section 4011 committed by a person who is not a member of any 
federally recognized Indian tribe, nation, band or other group on the Passamaquoddy 
Indian territory against a person or property of a person who is a member of a federally 
recognized Indian tribe, nation, band or other group.  The concurrent jurisdiction 
authorized by this paragraph does not include offenses committed by a juvenile; and
B.  Class C, D and E crimes committed within Passamaquoddy Indian territory by a 
member of a federally recognized Indian tribe, nation, band or other group 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.  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).
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or 
terminate the exercise of jurisdiction authorized by this subsection.  Notwithstanding 
subsection 2, the Passamaquoddy Tribe may not deny to any criminal defendant prosecuted 
under this subsection the right to a jury of 12, the right to a unanimous jury verdict, the 
rights and protections enumerated in 25 United States Code, Sections 1302(a), 1302(c), 
1303 and 1304(d) and all other rights whose protection is necessary under the United States 
Constitution in order for the State to authorize concurrent jurisdiction under this subsection.  
If a criminal defendant prosecuted under this subsection moves to suppress statements on 
the ground that they were made involuntarily, the prosecution has the burden to prove 
beyond a reasonable doubt that the statements were made voluntarily.
In exercising the concurrent jurisdiction authorized by this subsection, the Passamaquoddy 
Tribe is deemed to be enforcing Passamaquoddy tribal law.  The definitions of the criminal 
offenses and the punishments applicable to those criminal offenses over which the 
Passamaquoddy Tribe has concurrent jurisdiction under this subsection are governed by 
the laws of the State.  Issuance and execution of criminal process also are governed by the 
laws of the State.
1-B.  Exclusive jurisdiction of the State.  Except as provided in subsection 1, 
paragraphs A and B and subsection 1-A, all laws of the State relating to crimes and juvenile 
crimes apply within Passamaquoddy Indian territory and the State has exclusive 
jurisdiction over those offenses and crimes.  Nothing in subsection 1 or 1-A affects, alters 
or preempts the ability or authority of the Attorney General to investigate or prosecute any 
conduct occurring in the State, including on Passamaquoddy Indian territory.
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 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.
2-A.  Criminal records, juvenile records and fingerprinting.  At the arraignment of 
a criminal defendant, the Passamaquoddy Tribal Court shall inquire whether fingerprints 
have been taken or whether arrangements have been made for fingerprinting.  If neither has 
occurred, the Passamaquoddy Tribal Court shall instruct both the responsible law 
enforcement agency and the person charged as to their respective obligations in this regard, 
consistent with Title 25, section 1542‑A.
At the conclusion of a criminal or juvenile proceeding within the Passamaquoddy Tribe's 
exclusive or concurrent jurisdiction, except for a violation of Title 12 or Title 29‑A that is 
a Class D or Class E crime other than a Class D crime that involves hunting while under 
the influence of intoxicating liquor or drugs or with an excessive alcohol level or the 
operation or attempted operation of a watercraft, all-terrain vehicle, snowmobile or motor 
vehicle while under the influence of intoxicating liquor or drugs or with an excessive 
alcohol level, the Passamaquoddy Tribal Court shall transmit to the Department of Public 
Safety, State Bureau of Identification an abstract duly authorized on forms provided by the 
bureau.
3.  Lesser included criminal offenses in state courts.  In any criminal proceeding in 
the courts of the State in which a criminal offense crime or juvenile crime under the 
exclusive jurisdiction of the Passamaquoddy Tribe constitutes a lesser included criminal 
offense of the criminal offense crime or juvenile crime charged, the defendant may be 
convicted or the juvenile adjudicated in the courts of the State of the lesser included 
criminal offense. A lesser included criminal offense is as defined under the laws of the 
State.
4.  Double jeopardy,; collateral estoppel.  A prosecution for a criminal offense crime 
or juvenile crime over which the Passamaquoddy Tribe has exclusive jurisdiction under 
this section does not bar a prosecution for a criminal offense crime or juvenile crime, arising 
out of the same conduct, over which the State has exclusive jurisdiction.  A prosecution for 
a criminal offense crime over which the Passamaquoddy Tribe has concurrent jurisdiction 
under this section does not bar a prosecution for a criminal offense crime, arising out of the 
same conduct, over which the State has exclusive jurisdiction.  A prosecution for a criminal 
offense crime over which the State has concurrent jurisdiction under this section does not 
bar a prosecution for a criminal offense crime, arising out of the same conduct, over which 
the Passamaquoddy Tribe has exclusive jurisdiction.  A prosecution for a criminal offense 
crime or juvenile crime over which the State has exclusive jurisdiction does not bar a 
prosecution for a criminal offense crime or juvenile crime, arising out of the same conduct, 
over which the Passamaquoddy Tribe has exclusive 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.
4-A.  Civil adjudicatory jurisdiction over matters arising on Passamaquoddy 
Indian territory.  The State and the Passamaquoddy Tribe agree and intend pursuant to 
United States Public Law 96-420 and hereby recognize and adopt the application of federal 
Indian law with regard to the authority of the Passamaquoddy Tribe to exercise 
adjudicatory jurisdiction over civil actions arising on Passamaquoddy Indian territory.  The 
courts of the State have adjudicatory jurisdiction over civil actions arising on 
Passamaquoddy Indian territory to the extent provided by federal Indian law or as otherwise 
provided in this Act.
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 amended by PL 2019, c. 621, Pt. C, §§1 to 3 and 
affected by §4, 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 3 
and 4, the Penobscot Nation 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 
Class C, D and E crimes committed on the Indian reservation of the within Penobscot 
Nation Indian territory 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. 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);
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, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, 
paragraphs B and C, committed by a juvenile member of either the Passamaquoddy 
Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation on the Indian 
reservation of the  within Penobscot Nation Indian territory;
C.  Civil actions between members of either the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians or the Penobscot Nation 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, the Houlton Band 
of Maliseet Indians 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, the Houlton Band of Maliseet Indians or 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 the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians 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 offenses.  The Penobscot Nation 
has the right to exercise jurisdiction, concurrently with the State, over the following Class 
D crimes committed by a person on the Penobscot Indian Reservation or on lands taken 
into trust by the secretary for the benefit of the Penobscot Nation now or in the future, for 
which the potential maximum term of imprisonment does not exceed one year and the 
potential fine does not exceed $2,000: Title 17‑A, sections 207‑A, 209‑A, 210‑B, 210‑C 
and 211‑A and Title 19‑A, section 4011.  The concurrent jurisdiction authorized by this 
subsection does not include an offense committed by a juvenile or a criminal offense 
committed by a person who is not a member of any federally recognized Indian tribe, 
nation, band or other group against the person or property of a person who is not a member 
of any federally recognized Indian tribe, nation, band or other group.:
A.  Class D crimes set out under Title 17-A, sections 207-A, 209-A, 210-B, 210-C and 
211-A and Title 19-A, section 4011 committed by a person who is not a member of 
any federally recognized Indian tribe, nation, band or other group on the Penobscot 
Indian territory against a person or property of a person who is a member of a federally 
recognized Indian tribe, nation, band or other group.  The concurrent jurisdiction 
authorized by this paragraph does not include offenses committed by a juvenile; and
B.  Class C, D and E crimes committed within Penobscot Indian territory by a member 
of a federally recognized Indian tribe, nation, band or other group 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.  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).
The governing body of the Penobscot Nation shall decide whether to exercise or terminate 
the exercise of jurisdiction authorized by this subsection.  Notwithstanding subsection 2, 
the Penobscot Nation may not deny to any criminal defendant prosecuted under this 
subsection the right to a jury of 12, the right to a unanimous jury verdict, the rights and 
protections enumerated in 25 United States Code, Sections 1302(a), 1302(c), 1303 and 
1304(d) and all other rights whose protection is necessary under the United States 
Constitution in order for the State to authorize concurrent jurisdiction under this subsection.  
If a criminal defendant prosecuted under this subsection moves to suppress statements on 
the ground that they were made involuntarily, the prosecution has the burden to prove 
beyond a reasonable doubt that the statements were made voluntarily.
In exercising the concurrent jurisdiction authorized by this subsection, the Penobscot 
Nation is deemed to be enforcing Penobscot tribal law.  The definitions of the criminal 
offenses and the punishments applicable to those criminal offenses over which the 
Penobscot Nation has concurrent jurisdiction under this subsection are governed by the 
laws of the State.  Issuance and execution of criminal process also are governed by the laws 
of the State.
1-B.  Exclusive jurisdiction of the State.  Except as provided in subsection 1, 
paragraphs A and B and subsection 1-A, all laws of the State relating to crimes and juvenile 
crimes apply within Penobscot Indian territory and the State has exclusive jurisdiction over 
those offenses and crimes.  Nothing in subsection 1 or 1-A affects, alters or preempts the 
ability or authority of the Attorney General to investigate or prosecute any conduct 
occurring in the State, including on Penobscot Indian territory.
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 crimes and juvenile crimes 
and the punishments applicable to those criminal offenses crimes 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 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.
2-A.  Criminal records, juvenile records and fingerprinting.  At the arraignment of 
a criminal defendant, the Penobscot Nation Tribal Court shall inquire whether fingerprints 
have been taken or whether arrangements have been made for fingerprinting.  If neither has 
occurred, the Penobscot Nation Tribal Court shall instruct both the responsible law 
enforcement agency and the person charged as to their respective obligations in this regard, 
consistent with Title 25, section 1542‑A.
At the conclusion of a criminal or juvenile proceeding within the Penobscot Nation's 
exclusive or concurrent jurisdiction, except for a violation of Title 12 or Title 29‑A that is 
a Class D or Class E crime other than a Class D crime that involves hunting while under 
the influence of intoxicating liquor or drugs or with an excessive alcohol level or the 
operation or attempted operation of a watercraft, all-terrain vehicle, snowmobile or motor 
vehicle while under the influence of intoxicating liquor or drugs or with an excessive 
alcohol level, the Penobscot Nation Tribal Court shall transmit to the Department of Public 
Safety, State Bureau of Identification an abstract duly authorized on forms provided by the 
bureau.
3.  Lesser included criminal offenses in state courts.  In any criminal proceeding in 
the courts of the State in which a criminal offense crime or juvenile crime under the 
exclusive jurisdiction of the Penobscot Nation constitutes a lesser included criminal offense 
of the criminal offense crime or juvenile crime charged, the defendant may be convicted or 
the juvenile adjudicated in the courts of the State of the lesser included criminal offense. A 
lesser included criminal offense is as defined under the laws of the State.
4.  Double jeopardy,; collateral estoppel.  A prosecution for a criminal offense crime 
or juvenile crime over which the Penobscot Nation has exclusive jurisdiction under this 
section does not bar a prosecution for a criminal offense crime or juvenile crime, arising 
out of the same conduct, over which the State has exclusive jurisdiction. A prosecution for 
a criminal offense crime over which the Penobscot Nation has concurrent jurisdiction under 
this section does not bar a prosecution for a criminal offense crime, arising out of the same 
conduct, over which the State has exclusive jurisdiction.  A prosecution for a criminal 
offense crime over which the State has concurrent jurisdiction under this section does not 
bar a prosecution for a criminal offense crime, arising out of the same conduct, over which 
the Penobscot Nation has exclusive jurisdiction.  A prosecution for a criminal offense crime 
or juvenile crime over which the State has exclusive jurisdiction does not bar a prosecution 
for a criminal offense crime or juvenile crime, arising out of the same conduct, over which 
the Penobscot Nation has exclusive jurisdiction under this section.  The determination of 
an issue of fact in a criminal or juvenile proceeding conducted in a tribal forum does not 
constitute collateral estoppel in a criminal or juvenile proceeding conducted in a state court. 
The determination of an issue of fact in a criminal or juvenile proceeding conducted in a 
state court does not constitute collateral estoppel in a criminal or juvenile proceeding 
conducted in a tribal forum.
4-A.  Civil adjudicatory jurisdiction over matters arising on Penobscot Indian 
territory.  The State and the Penobscot Nation agree and intend pursuant to United States 
Public Law 96-420 and hereby recognize and adopt the application of federal Indian law 
with regard to the authority of the Penobscot Nation to exercise adjudicatory jurisdiction 
over civil actions arising on Penobscot Indian territory. The courts of the State have 
adjudicatory jurisdiction over civil actions arising on Penobscot Indian territory to the 
extent provided by federal Indian law or as otherwise provided in this Act.
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 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 3 
and 4, the Houlton Band of Maliseet Indians has the right to exercise exclusive jurisdiction, 
separate and distinct from the State, over:
A.  Criminal offenses for which the maximum potential term of imprisonment does not 
exceed one year and the maximum potential fine does not exceed $5,000 and that are 
Class C, D and E crimes committed on the Houlton Band Jurisdiction Trust Land by a 
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 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. 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);
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, the Houlton Band of Maliseet Indians or the Penobscot Nation 
on the Houlton Band Jurisdiction Trust Land;
C.  Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation arising on the Houlton Band Jurisdiction 
Trust Land 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 Houlton 
Band Jurisdiction Trust Land by a member of the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians or 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 the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the 
Penobscot Nation, both of whom reside within the Houlton Band Jurisdiction Trust 
Land.
The governing body of the Houlton Band of Maliseet Indians shall decide whether to 
exercise or terminate the exercise of the exclusive jurisdiction authorized by this 
subsection.  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 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 offenses.  The Houlton Band of 
Maliseet Indians has the right to exercise jurisdiction, concurrently with the State, over the 
following crimes:
A.  Class D crimes set out under Title 17-A, sections 207-A, 209-A, 210-B, 210-C and 
211-A and Title 19-A, section 4011 committed by a person who is not a member of 
any federally recognized Indian tribe, nation, band or other group on the Houlton Band 
Trust Land against a person or property of a person who is a member of a federally 
recognized Indian tribe, nation, band or other group.  The concurrent jurisdiction 
authorized by this paragraph does not include offenses committed by a juvenile; and
B.  Class C, D and E crimes committed within Houlton Band Trust Land by a member 
of a federally recognized Indian tribe, nation, band or other group 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.  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).
The governing body of the Houlton Band of Maliseet Indians shall decide whether to 
exercise or terminate the exercise of jurisdiction authorized by this subsection.  
Notwithstanding subsection 2, the Houlton Band of Maliseet Indians may not deny to any 
criminal defendant prosecuted under this subsection the right to a jury of 12, the right to a 
unanimous jury verdict, the rights and protections enumerated in 25 United States Code, 
Sections 1302(a), 1302(c), 1303 and 1304(d) and all other rights whose protection is 
necessary under the United States Constitution in order for the State to authorize concurrent 
jurisdiction under this subsection.  If a criminal defendant prosecuted under this subsection 
moves to suppress statements on the ground that they were made involuntarily, the 
prosecution has the burden to prove beyond a reasonable doubt that the statements were 
made voluntarily.
In exercising the concurrent jurisdiction authorized by this subsection, the Houlton Band 
of Maliseet Indians is deemed to be enforcing Houlton Band tribal law.  The definitions of 
the criminal offenses and the punishments applicable to those criminal offenses over which 
the Houlton Band of Maliseet Indians has concurrent jurisdiction under this subsection are 
governed by the laws of the State.  Issuance and execution of criminal process also are 
governed by the laws of the State.
1-D.  Exclusive jurisdiction of the State.  Except as provided in subsection 1, 
paragraphs A and B and subsection 1-C, all laws of the State relating to crimes and juvenile 
crimes apply within Houlton Band Trust Land and the State has exclusive jurisdiction over 
those offenses and crimes.  Nothing in subsection 1 or 1-C affects, alters or preempts the 
ability or authority of the Attorney General to investigate or prosecute any conduct 
occurring in the State, including on Houlton Band Trust Land.
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 crimes and juvenile crimes and the punishments applicable to those 
criminal offenses crimes 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 
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.
2-A.  Criminal records, juvenile records and fingerprinting.  At the arraignment of 
a criminal defendant, the Houlton Band of Maliseet Indians Tribal Court shall inquire 
whether fingerprints have been taken or whether arrangements have been made for 
fingerprinting.  If neither has occurred, the Houlton Band of Maliseet Indians Tribal Court 
shall instruct both the responsible law enforcement agency and the person charged as to 
their respective obligations in this regard, consistent with Title 25, section 1542-A.
At the conclusion of a criminal or juvenile proceeding within the Houlton Band of Maliseet 
Indians' exclusive or concurrent jurisdiction, except for a violation of Title 12 or Title 29-A 
that is a Class D or Class E crime other than a Class D crime that involves hunting while 
under the influence of intoxicating liquor or drugs or with an excessive alcohol level or the 
operation or attempted operation of a watercraft, all-terrain vehicle, snowmobile or motor 
vehicle while under the influence of intoxicating liquor or drugs or with an excessive 
alcohol level, the Houlton Band of Maliseet Indians Tribal Court shall transmit to the 
Department of Public Safety, State Bureau of Identification an abstract duly authorized on 
forms provided by the bureau.
3.  Lesser included criminal offenses in state courts.  In any criminal proceeding in 
the courts of the State in which a criminal offense crime or juvenile crime under the 
exclusive jurisdiction of the Houlton Band of Maliseet Indians constitutes a lesser included 
criminal offense of the criminal offense crime or juvenile crime charged, the defendant 
may be convicted or the juvenile adjudicated in the courts of the State of the lesser included 
criminal offense. A lesser included criminal offense is as defined under the laws of the 
State.
4.  Double jeopardy; collateral estoppel.  A prosecution for a criminal offense crime 
or juvenile crime over which the Houlton Band of Maliseet Indians has exclusive 
jurisdiction under this section does not bar a prosecution for a criminal offense crime or 
juvenile crime arising out of the same conduct over which the State has exclusive 
jurisdiction.  A prosecution for a crime over which the Houlton Band of Maliseet Indians 
has concurrent jurisdiction under this section does not bar a prosecution for a crime, arising 
out of the same conduct, over which the State has exclusive jurisdiction.  A prosecution for 
a crime over which the State has concurrent jurisdiction under this section does not bar a 
prosecution for a crime, arising out of the same conduct, over which the Houlton Band of 
Maliseet Indians has exclusive jurisdiction.  A prosecution for a criminal offense crime or 
juvenile crime over which the State has exclusive jurisdiction does not bar a prosecution 
for a criminal offense crime or juvenile crime arising out of the same conduct over which 
the Houlton Band of Maliseet Indians has exclusive jurisdiction under this section. The 
determination of an issue of fact in a criminal or juvenile proceeding conducted in a tribal 
forum does not constitute collateral estoppel in a criminal or juvenile proceeding conducted 
in a state court. The determination of an issue of fact in a criminal or juvenile proceeding 
conducted in a state court does not constitute collateral estoppel in a criminal or juvenile 
proceeding conducted in a tribal forum.
5.  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, 
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.
5-A.  Civil adjudicatory jurisdiction over matters arising on Houlton Band Trust 
Land.   The State and the Houlton Band of Maliseet Indians agree and intend pursuant to 
United States Public Law 96-420 and hereby recognize and adopt the application of federal 
Indian law with regard to the authority of the Houlton Band of Maliseet Indians to exercise 
adjudicatory jurisdiction over civil actions arising on Houlton Band Trust Land.  The courts 
of the State have adjudicatory jurisdiction over civil actions arising on Houlton Band Trust 
Land to the extent provided by federal Indian law or as otherwise provided in this Act.
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 2019, c. 621, Pt. A, §2 and affected 
by §3 and amended by Pt. B, §2 and affected by §3, is further amended to read:
§6210.  Law enforcement on Indian reservations and within Houlton Band Trust 
Land, Passamaquoddy Indian territory and Penobscot Indian territory 
1.  Exclusive authority of tribal law enforcement officers.  Law enforcement officers 
appointed by the Houlton Band of Maliseet Indians, 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, territory or trust land the criminal, juvenile, 
civil and domestic relations laws over which the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under section 6209‑A, 
subsection 1 and, section 6209‑B, subsection 1, respectively and section 6209-C, 
subsection 1.
1-A.  Appointment of tribal law enforcement officers.  The Houlton Band of 
Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation may appoint law 
enforcement officers who have the authority to enforce the laws of the State that are 
applicable within Indian territory or trust land.  This subsection does not limit the 
appointment or authority of tribal officers under tribal law or affect the performance of 
federal duties by tribal officers.
2.  Joint authority of tribal and state law enforcement officers.  Law enforcement 
officers appointed by the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or 
the Penobscot Nation have the authority within their respective Indian territories or trust 
land and state and county law enforcement officers have the authority within both Indian 
territories and trust land 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 State has exclusive or concurrent 
jurisdiction under section 6209‑A, subsection 1 and subsections 1-A and 1-B, section 
6209‑B, subsection 1, respectively subsections 1-A and 1-B and section 6209-C, 
subsections 1-C and 1-D.
3.  Agreements for cooperation and mutual aid.  This section does not prevent the 
Houlton Band of Maliseet Indians, 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 When enforcing applicable state law, 
law enforcement officers appointed by the Houlton Band of Maliseet Indians, 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.
4-A.  Reports to the State Bureau of Identification by Passamaquoddy Tribe.  
Passamaquoddy Tribe law enforcement agencies shall submit to the Department of Public 
Safety, State Bureau of Identification uniform crime reports and other information required 
by Title 25, section 1544.
5.  Reports to the State Bureau of Identification by Penobscot Nation.  Penobscot 
Nation law enforcement agencies shall submit to the Department of Public Safety, State 
Bureau of Identification uniform crime reports and other information required by Title 25, 
section 1544.
6.  Reports to the State Bureau of Identification by Houlton Band of Maliseet 
Indians.  Houlton Band of Maliseet Indians law enforcement agencies shall submit to the 
Department of Public Safety, State Bureau of Identification uniform crime reports and other 
information required by Title 25, section 1544.
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 or trust land.  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 or trust land, the formula 
applicable to such Indian territory or trust land 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 or trust land 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 §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. 21.  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. 22.  30 MRSA §6215 is enacted to read:
§6215.  Civil jurisdiction
1.  Nonmembers subject to state laws on tribal 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 and hereby recognize and adopt the 
application of federal Indian law with regard to the applicability of the laws of the State to 
nonmembers on the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians respective Indian territory or trust land, except as otherwise provided in 
this Act.
2.  Members and entities not subject to state laws on tribal 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 and hereby 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 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 
tribal 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 
and hereby 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 tribal 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 and hereby 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 and the State and local 
governments have concurrent civil regulatory jurisdiction over nonmembers on the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
respective Indian territory or trust land.
Sec. 23.  30 MRSA §6216 is enacted to read:
§6216.  Federal laws apply; do not affect or preempt the laws of this State
Acting pursuant to United States Public Law 96-420, the State, the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians agree and recognize 
that laws of the State do not apply to the Passamaquoddy Tribe, the Penobscot Nation and 
the Houlton Band of Maliseet Indians and their 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 of Maliseet Indians, 
acting pursuant to United States Public Law 96-420, further agree and recognize:
1.  Federal laws; special status or right.  Because state law does not apply, for the 
purposes of United States Public Law 96-420, Section 6(h), that 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 does not affect 
or preempt, and may not be construed 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 any such law or regulation of the United States applies 
to the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians and their members and lands; and
2.  Federal laws enacted after October 10, 1980.  Because state law does not apply, 
for the purposes of United States Public Law 96-420, Section 16(b), that the application of 
the provisions of any federal law enacted after October 10, 1980 for the benefit of Indians, 
Indian nations or tribes or bands of Indians does not affect or preempt, and may not be 
deemed or construed 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, and any such federal law applies to the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians and their members 
and lands regardless of whether such federal law is specifically made applicable within this 
State other than through this Act.
Notwithstanding any provision of this Act to the contrary, the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians may not conduct gaming 
activities under the authority of the federal Indian Gaming Regulatory Act or under any 
regulations thereunder promulgated by the chair of the National Indian Gaming 
Commission or its successor organization.
Sec. 24.  30 MRSA §6217 is enacted to read:
§6217.  Consultation with tribes prior to state agency action
1.  Consultation required.  A state agency shall consult with the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians, referred to 
collectively in this section as "the tribes" and individually as "tribe," in connection with a 
proposed action. For the purposes of this section, "proposed action" means a proposal by a 
state agency to develop rules or legislation and other policy statements or actions by a state 
agency, including but not limited to guidance documents and directives, that may directly 
and substantially affect one or more of the tribes, including tribal rights in land or other 
natural resources, the relationship between the State and the tribes and the jurisdiction and 
responsibilities of the State and the tribes with respect to one another. 
2.  Request for consultation.  To promote effective communication and positive 
government-to-government relationships, a state agency shall request a government-to-
government consultation with each tribe that may be affected by a proposed action.
A.  A request for consultation must be sent by certified mail and e-mail to the chief of 
each tribe and to a person designated by each tribe to receive consultation requests. 
The request must provide no less than 30 days from the date of the actual receipt or 25 
days after the date of mailing, whichever is earlier, for the tribe to either elect to engage 
in or decline consultation. The request must provide clear information about the 
proposed action, clearly state the deadline and preferred method for response and 
provide contact information for the tribal liaison under subsection 5.
B.  If a statute of limitations, court rule or other law or rule requires a proposed action 
to be resolved in less than 30 days, the request for consultation must clearly state the 
deadline and identify the source of the deadline. The state agency shall make every 
reasonable effort to consult with the tribe within the time available. 
C.  If a tribe does not respond by the deadline established in the request for consultation, 
the state agency may conclude that the tribe has declined consultation on the relevant 
proposed action. 
3.  Consultation procedures.  If a tribe elects to engage in consultation with a state 
agency in accordance with subsection 2, paragraph A, the state agency shall use its best 
efforts to complete consultation prior to taking a proposed action. Consultation must 
include, at a minimum, the following:
A.  The state agency shall provide the tribe with a preliminary draft or explanation of 
the proposed action as soon as possible following receipt of the tribe's acceptance to 
engage in consultation;
B.  The state agency and the tribe or tribes determine an appropriate mechanism for the 
consultation, such as in person, telephonic or by video. When practicable, the 
consultation must be held in person, either on the tribe's Indian territory or trust land 
or at a mutually agreeable location;
C.  A meaningful and timely discourse and involve employees of the state agency who 
have a direct role in the proposed action and decision-making process; and
D.  A process that ensures the ability of the tribe to provide detailed feedback on the 
proposed action.
An agency and a tribe or tribes may agree to different or other procedures than those listed 
in paragraphs A to E if they believe the other procedures will enhance the effectiveness of 
the consultation process.
After consultation, the state agency shall carefully consider the input of the tribe and, upon 
reaching a decision regarding the proposed action, shall notify the tribe in writing of its 
decision and the rationale in support of its decision. 
The consultation must be separate from public comment and public hearing processes.
4.  Consultation rules.  By October 15, 2021 and thereafter as necessary, each state 
agency shall adopt or amend rules or policies that:
A.  Promote effective communication, collaboration and consultation between the state 
agency and the tribes;
B.  Promote robust government-to-government relationships between the State and the 
tribes;
C.  Promote culturally competent practices;
D.  Establish methods for notifying state agency employees of their responsibilities 
under this section; and
E.  Require that all relevant state agency employees be provided with a copy of any 
rule or policy that the state agency adopts pursuant to this subsection.
State agencies shall consult with the chief of each tribe or the chief's designee throughout 
the process of developing the tribal consultation rules or policies.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5.  Tribal liaisons.  Beginning November 1, 2021, each state agency shall designate a 
tribal liaison, who reports directly to the head of the state agency, to assist the head of the 
state agency with developing procedures for and ensuring the implementation of a 
consultation required by subsection 1 and to serve as a contact person. The tribal liaison 
shall maintain ongoing communication between the state agency and the tribes and shall 
ensure that the training required under subsection 6 is provided to the relevant state agency 
employees.
6.  Training required.  A state agency shall ensure that all state agency employees 
responsible for tribal consultation or communication receive training regarding employee 
responsibilities under this section. The training must, at a minimum, include instruction in 
effective communication, the development of positive tribal-state government-to-
government relations and cultural competency. 
7.  Tribal contact information.  The Office of the Governor and the commission shall 
maintain and update a list of names and contact information, including telephone numbers, 
mailing addresses and e-mail addresses, of the chief of each tribe and the chief's designee, 
as well as of the tribal liaisons under subsection 5.
8.  Report required.  Beginning in 2022, each state agency shall provide annually by 
February 1st a report on tribal consultation under this section to the Governor, the chief of 
each tribe and the commission. The report must include the following information:
A.  The number of times the state agency requested consultation with each tribe, 
including information regarding the subject of each requested consultation;
B.  The number of times each tribe accepted or declined consultation, including 
information regarding the subject of each accepted or declined request; and 
C.  A description of the outcome of each accepted request for consultation, including a 
description of the state agency decision regarding tribal input on a proposed action.
Sec. 25.  30 MRSA §6218 is enacted to read:
§6218.  Tribal-state cooperative agreements
The State and its officers, departments, agencies and political subdivisions are 
authorized to enter into cooperative agreements with federally recognized Indian tribes 
within the State to facilitate cross-jurisdictional cooperation and the delivery of government 
services and to avoid disputes on issues of mutual interest, including but not limited to 
criminal jurisdiction and law enforcement, taxation, environmental regulation and natural 
resources. A tribal liaison designated under section 6217, subsection 5 may negotiate and 
enter into cooperative agreements with federally recognized Indian tribes within the State.
Sec. 26.  30 MRSA §6219 is enacted to read:
§6219.  Assemblies
By December 15, 2021, and annually thereafter, the Governor shall convene an 
assembly of the Governor and chiefs of the Passamaquoddy Tribe, the Penobscot Nation 
and the Houlton Band of Maliseet Indians to discuss issues relating to the relationship 
between the State and the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians.
On a biennial basis, during each first regular session of the Legislature, the commission 
shall organize a legislative assembly to discuss the relationship between the State and the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians. In 
consultation with the chiefs of the Passamaquoddy Tribe, the Penobscot Nation and the 
Houlton Band of Maliseet Indians, the commission shall invite state Legislators and tribal 
council members from each tribal government in the State to participate in the assembly.
Sec. 27.  30 MRSA §6220 is enacted to read:
§6220.  Bicentennial Accord
1.  Bicentennial Accord.  The Governor shall collaborate with the chiefs of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians in 
establishing an agreement, to be known as the Bicentennial Accord, in order to 
institutionalize general principles governing tribal-state relations, including:
A.  A framework for respect for the sovereignty of the Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band of Maliseet Indians and the State;
B.  A framework for the government-to-government relationship between the State, 
through the Governor and the State's departments and agencies, and the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians;
C.  Delineation of the commitment by the Passamaquoddy Tribe, the Penobscot Nation, 
the Houlton Band of Maliseet Indians and the Governor to implement government-to-
government relationships to enhance and improve communication and consultation and 
to facilitate the resolution of issues; 
D.  An outline of a process for implementation of the Bicentennial Accord; 
E.  A commitment to specific tasks to improve the government-to-government 
relationship to make it more efficient and mutually beneficial; 
F.  A commitment to strengthen the Maine Native American studies provisions of Title 
20-A, section 4706;
G.  Development of a comprehensive public education initiative to inform the citizens 
of the State about tribal history, tribal culture, contemporary tribal and state 
government institutions and relations and the contribution of the Wabanaki 
Confederacy to the State;
H.  A commitment to work in collaboration to engender mutual understanding and 
respect and to recognize and address discrimination and racial prejudice;
I.  A framework for coordination and cooperation to enhance economic and 
infrastructure opportunities, protect natural resources and provide educational 
opportunities and community social services that meet the needs of all citizens; and
J.  Provisions for a review and update of  the Bicentennial Accord at an annual assembly 
convened pursuant to section 6219.
2.  Support by the Maine Indian Tribal-State Commission.  The commission shall 
provide logistical support and technical assistance in developing, implementing and 
updating the Bicentennial Accord at the annual assembly of the Governor and chiefs of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians and 
at the biennial legislative assembly, pursuant to section 6219.
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 Houlton 
Band Trust Land, the Passamaquoddy Tribe Indian territory and the Penobscot Nation 
Indian Territories shall territory must be treated as if they were municipalities.  In the 
absence of a levy of real and personal property taxes in either or both such an Indian 
territories territory or trust land, the property tax assessment is computed by multiplying 
the state valuation for the Indian territory or trust land 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.
Sec. 29.  36 MRSA §111, sub-§1-D is enacted to read:
1-D.  Houlton Band of Maliseet Indians.  "Houlton Band of Maliseet Indians" has 
the same meaning as in Title 30, section 6203, subsection 2.
Sec. 30.  36 MRSA §111, sub-§1-E is enacted to read:
1-E.  Houlton Band Trust Land.  "Houlton Band Trust Land" has the same meaning 
as in Title 30, section 6203, subsection 2-A.
Sec. 31.  36 MRSA §111, sub-§2-A is enacted to read:
2-A.  Passamaquoddy Indian Reservation.  "Passamaquoddy Indian Reservation" 
has the same meaning as in Title 30, section 6203, subsection 5.
Sec. 32.  36 MRSA §111, sub-§2-B is enacted to read:
2-B.  Passamaquoddy Indian territory.  "Passamaquoddy Indian territory" has the 
same meaning as in Title 30, section 6203, subsection 6.
Sec. 33.  36 MRSA §111, sub-§2-C is enacted to read:
2-C.  Passamaquoddy Tribe.  "Passamaquoddy Tribe" has the same meaning as in 
Title 30, section 6203, subsection 7.
Sec. 34.  36 MRSA §111, sub-§2-D is enacted to read:
2-D.  Penobscot Indian Reservation.  "Penobscot Indian Reservation" has the same 
meaning as in Title 30, section 6203, subsection 8.
Sec. 35.  36 MRSA §111, sub-§2-E is enacted to read:
2-E.  Penobscot Indian territory.  "Penobscot Indian territory" has the same meaning 
as in Title 30, section 6203, subsection 9.
Sec. 36.  36 MRSA §111, sub-§2-F is enacted to read:
2-F.  Penobscot Nation.  "Penobscot Nation" has the same meaning as in Title 30, 
section 6203, subsection 10.
Sec. 37.  36 MRSA §111, sub-§8 is enacted to read:
8.  Tribal entity.  "Tribal entity" has the same meaning as in Title 30, section 6203, 
subsection 14.
Sec. 38.  36 MRSA §111, sub-§9 is enacted to read:
9.  Tribal member.  "Tribal member" means a member of the Houlton Band of 
Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation.
Sec. 39.  36 MRSA §1760, sub-§107 is enacted to read:
107.  Certain sales to the Passamaquoddy Tribe, the Penobscot Nation and the 
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 territory 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 of Maliseet 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.
Sec. 40.  36 MRSA §1815, as enacted by PL 1999, c. 477, §1, is amended to read:
§1815.  Tax from sales occurring on Passamaquoddy reservation Indian territory or 
trust land
1.  Passamaquoddy Sales Tax Fund.  The Passamaquoddy Sales Tax Fund, referred 
to in this section as "the "Passamaquoddy fund," is established as a dedicated account to be 
administered by the Treasurer of State for the purpose of returning sales tax revenue to the 
Passamaquoddy Tribe pursuant to subsections 2 and 3.
1-A.  Penobscot Sales Tax Fund.  The Penobscot Sales Tax Fund, referred to in this 
section as "the Penobscot fund," is established as a dedicated account to be administered 
by the Treasurer of State for the purpose of returning sales tax revenue to the Penobscot 
Nation pursuant to subsections 2 and 3.
1-B.  Maliseet Sales Tax Fund.  The Maliseet Sales Tax Fund, referred to in this 
section as "the Maliseet fund," is established as a dedicated account to be administered by 
the Treasurer of State for the purpose of returning sales tax revenue to the Houlton Band 
of Maliseet Indians pursuant to subsections 2 and 3.
2.  Monthly transfer.  By the 20th day of each month, the assessor shall notify the 
State Controller and the Treasurer of State of the amount of revenue attributable to the tax 
collected under this Part in the previous month on sales occurring on the Passamaquoddy 
reservation at either Pleasant Point or Indian Township Indian territory, the Penobscot 
Indian territory and the Houlton Band Trust Land, respectively,  reduced by the transfer to 
the Local Government Fund required by Title 30‑A, section 5681.  When notified by the 
assessor, the State Controller shall transfer that amount those amounts to the 
Passamaquoddy Sales Tax Fund fund, the Penobscot fund and the Maliseet fund, 
respectively.
3.  Monthly payment.  By the end of each month, the Treasurer of State shall make 
payments to the Passamaquoddy Tribe from the Passamaquoddy Sales Tax Fund fund, the 
Penobscot Nation from the Penobscot fund and the Houlton Band of Maliseet Indians from 
the Maliseet fund equal to the amounts transferred into the fund respective fund.
4.  Quarterly reconciliation.   The monthly payments due under this section must be 
adjusted by any credit or debit necessary for a quarterly reconciliation of payments and 
transfers made under this section for any erroneous payment or transfers, any erroneous 
collection and corresponding refund and by any subsequent assessment, remittance or 
refund of sales or use tax to or by the State.
Sec. 41.  36 MRSA §5122, sub-§2, ¶UU is enacted to read:
UU.  For taxable years beginning on or after January 1, 2022, income earned on or 
from activities occurring on or otherwise sourced to Indian territory or trust land by the 
Penobscot Nation, the Passamaquoddy Tribe or the Houlton Band of Maliseet Indians, 
as long as the tribal member or tribal entity resides on Indian territory or trust land.
Sec. 42.  Dispute resolution.  The Governor, the Attorney General and the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians, 
through their respective designees, will collaborate on an alternative dispute resolution 
process to resolve tribal-state disputes, to be known as "the ADR work group." The Maine 
Indian Tribal-State Commission shall provide assistance to the ADR work group by 
providing input and answering questions regarding alternative dispute resolution options 
appropriate to tribal-state disputes, including identifying best practices, developing mutual 
respect, working on a government-to-government basis, and respecting the sovereignty of 
the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and 
the State, and any existing culturally appropriate models.  No later than November 15, 
2021, the ADR work group shall provide a report to the Joint Standing Committee on 
Judiciary that includes its findings and recommendations, including suggested legislation, 
regarding a tribal-state alternative dispute resolution process. The joint standing committee 
may report out legislation to the Second Regular Session of the 130th Legislature based on 
the recommendations of the ADR work group.
Sec. 43.  Contingent effective date. This Act takes effect 120 days after 
adjournment of the First Special Session of the 130th Legislature only if, within 90 days 
after adjournment of the First Special Session of the 130th 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 federal 
Settlement Act."  The federal Settlement Act ratified the Maine Implementing Act, and 
both have an effective date of October 10, 1980.
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 Title 30, 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 defined in this bill as the United States Constitution and all 
generally applicable 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. 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.
This bill restructures the procedures for addition of new land to tribal territories and 
eliminates time limits for the acquisition of land. The procedures required depend upon the 
location of the land and the time of acquisition. For the Passamaquoddy Tribe and 
Penobscot Nation, newly acquired land located within the borders of a city, town, village 
or plantation requires the tribe or nation to enter into an agreement under which the tribe 
or nation agrees to make a payment in lieu of taxes to the relevant local taxing authority, 
to enter into an agreement for establishing law enforcement authority and to establish that 
land use is not contrary to existing zoning ordinances.
This bill eliminates the language in the Maine Implementing Act regarding takings of 
tribal land for public use under state law. 
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 of 
Maliseet Indians 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 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 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. It exempts tribal members and entities from sales tax for sales on, in, into, from 
or otherwise sourced to tribal territory or trust land. It requires the State to make payments 
to the Penobscot Nation, Passamaquoddy Tribe and Houlton Band of Maliseet Indians of 
the amounts of revenue attributable to the sale tax collected on, in, into, from or otherwise 
sourced to their respective Indian territory or trust land, reduced by the transfer to the Local 
Government Fund.
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 federal 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 federal 
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.  
Finally, the bill establishes a process for consultation between tribes and state agencies, 
provides that the State may enter into cooperative agreements with tribes, provides for an 
annual assembly of the Governor and the tribes, provides for the development of a dispute 
resolution process to facilitative resolution of disputes between the State and tribes and 
provides for the development of an agreement to be known as "the Bicentennial Accord" 
to establish principles for State-tribal relations. 
The bill takes effect 120 days after adjournment of the First Special Session of the 
130th Legislature only if, within 90 days after adjournment of the First Special Session of 
the 130th Legislature, the Secretary of State receives written certification from the Joint 
Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to its provisions; the 
Governor and the Council of the Penobscot Nation that the nation has agreed to its 
provisions; and the Houlton Band Council of the Houlton Band of Maliseet Indians that the 
band has agreed to its provisions.