An Act Implementing the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act /.QO \
Maine Legislature, Session 130, LD 1626
Committee Amendment CA_A_H1006 (House)
Amends: Title 25, Section 1724, 30 MRSA §6205, 30 MRSA §6205-A, 30 MRSA §6205-B, 30 MRSA §6206, 30 MRSA §6215, 30 MRSA §6216, 30-A MRSA §5681, 36 MRSA §111, 36 MRSA §1760, 36 MRSA §5122

COMMITTEEAMENDMENT"A "toH.P.1210,L.D.1626, "AnActimplementing 
the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement 
Implementing Act" 
Amend the bill in section 2 in §6202 in the 2nd indented paragraph in the 3rd line (page 
l,.line 39 in L.D.) by inserting after the following: "treaty" the following: 'or otherwise 
taken' 
• 
Amend the bill in section 2 in §6202 by striking out all of subsection 2 (page 2, lines 
to 40 in L.D.) and inserting the following: 
'2. Federal Indian law applies. Except as otherwise specified in this Act. the State, 
the Passamaquoddy Tribe. the Penobscot Nation and the Houlton Band ofMaliseet Indians 
agree and intend pursuant to United States Public Law 96-420 to recognize and adopt the 
application of federal Indian law with regard to the rights, privileges, powers, duties and 
immunities of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians and their tribal members and land or other natural resources, including 
laws and regulations and common law of the United States enacted for the benefit of 
Indians, Indian nations or tribes or bands of Indians and laws and regulations and common 
law that accord a special status or right to or that relate to a special status or right of any 
Indian, Indian nation. tribe or band of Indians, Indian lands, Indian reservations, Indian 
country, Indian territory or land or other natural resources held in trust for Indians.' 
Amend the bill in section 3 in §6203 by striking out all of subsection 1-A (page 3, lines 
to 9 in L.D.) and inserting the following: 
'1-A. Federal Indian law. "Federal Indian law" means the United States Constitution 
and all generally applicable federal statutes, regulations and common law and case law 
interpreting, implementing, applying or enforcing those laws and regulations, and 
subsequent amendments thereto, relating to the rights, status, privileges, powers, duties and 
immunities of federally recognized Indian tribes and their members and land or other 
natural resources within the United States.' 
Page I - 130LR1341(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
Amend the bill in section 3 in §6203 by striking out all of subsection 2-A (page 3, lines 
to 23 in L.D.) and inserting the following: 
A. Haultaa Baad Trust Laad. 
11Houkon Band Trust Land
means land or natural 
resources acquired by tho secretary in trust for tho Hol:lkon Band of Malisoot Indians, in 
compliance with tho terms of this Act and tho Maino Indian Claims Settlement f ... ct of 1980, 
United States Public Law 96 420, with moneys from tho original $900,000 congressional 
appropriation and interest thereon deposited in tho Land Acquisition Fund established for 
tho Houlton Band ofMalisoet Indians pursuant to United States Public Lavi 96 420, Section 
5, United States Godo, Title 25, Section 1724, or 't1i'ith proceeds from a taking of Houlton 
Band Trust Land for public uses pursuant to the laws of this State or the United States.1 
Amend the bill in section 3 in §6203 by inserting after subsection 2-A the following: 
12-B. Houlton Band Trust Land. 
11Houlton Band Trust Land
means land or other 
natural resources acquired by the secretary in trust for the Houlton Band of Maliseet Indians 
pursuant to the Houlton Band of Maliseet Indians Supplementary Claims Settlement Act 
of 1986, United States Public Law 99-566 or pursuant to any other applicable federal Indian 
law, including but not limited to the federal Indian Reorganization Act, Public Law 73-3 83 
and its implementing regulations as described in section 6205-B, subsection 2. 
2-C. Indian territory or trust land. 
11Indian territory or trust land
means: 
A. With respect to the Passamaquoddy Tribe, the Passamaquoddy Indian territory; 
B. With respect to the Penobscot Nation, the Penobscot Indian territory; and 
C. With respect to the Houlton Band ofMaliseet Indians, Houlton Band Trust Land.1 
Amend the bill in section 3 in §6203 by striking out all of subsection 14 (page 5, lines 
to 25 in L.D.) and inserting the following: 
114. Tribal entity. 
1Tribal entity
means an entity, including but not limited to a 
corporation, partnership, limited liability company or other enterprise, that is owned by the 
Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians or 
the tribe1s, nation1s or band1s members, or of which more than 50% of the ownership 
interests are held in aggregate by the tribe, nation or band, the tribe
1s, nation's or band
1s 
members, or any combination thereof. For the purpose of this subsection, 
11member
includes a married couple, at least one of whom is an enrolled tribal member.' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 30 MRSA §6205, as amended by PL 2021, c. 139, §§1 and 2 and affected 
by §3, is further amended to read: 
§6205. Indian territory 
1. Passamaquoddy Indian territory. Subject to subsections 3, 4 and 5, the The 
following lands within the State are known as the .!!.Passamaquoddy Indian territory:.!!. 
A. The Passamaquoddy Indian Reservation; 
B. Tho first 150,000 acres of land acq'l:lired by the seci'etary for the benefit of the 
Passamaquoddy Tribe from the fol10 1Ning areas or lands to the ~ltent that those lands 
are not held in common ,.,,,ith any other person or entity and are certified by the secretary 
as hold for the benefit of tho Passamaquoddy Tribe: 
COMMITTEE AMENDMENT 
0'2:» 
COMMITTEE AMENDMENT "A "to H.P. 1210, L.D. 1626 
The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P. 
(L0-V11elltown), T.6, R.1, l-LB.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.'."V.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.',V.P., T.5, R.1, N.B.P.P. and 
T.5, N.D.B.P.P.; any portion of T.3, R.1, N.B.P.P.; any portion of T.3, N.D.; any 
portion ofT.4, l-LD.; any portion ofT.39, M.D.; any portion ofT.40, M.D.; any portion 
of T.41, M.D.; any portion of T.42; M.D.B.P.P.; the lands of Diamond International 
Corporation, International Paper Company and Lincoln Pulp and Paper Company 
located in 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 
Tov1Hship), T.2 R.4 N.B.K.P. (Pittston ,A,.cademy Grant), T.2 R.3 N.B.K.P. 
(Soldiertovlfl Township), and T.4 R.4 N.B.K.P. (Prentiss Township), and any lands in 
lJbany Tovmship acquired by the Passamaquoddy Tribe; 
• 
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, Somerset County or Washington 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 and subject to the provisions of 
subparagraph (2), after the effective date of this subparagraph and the land is 
located within 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 ot that is established by an arbitration panel under this paragraph; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
(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 patties 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 not held in common 
with any other person or entity and is certified by the secretary as held for the benefit 
of the Passamaquoddy Tribe, if:~ 
(1) The acquisition of the land by the tribe is approved by the legislati:ve body of 
that city; and 
(2) A tribal state compact under the federal Illdian Gaming Regulatory Aet is 
agreed to by the State and the Passamaquoddy Tribe or the State is ol'dered 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 not held in common with any other person or 
entity and is certified by the secretary as held for the benefit of the Passamaquoddy 
Tribe; 
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 114 7, Page 251, to the extent that the 
land is not held in common with any other person or entity and is certified by the 
secretary as held for the benefit of the Passamaquoddy Tribe; 
D-2. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville conveyed by Bertram C. Tackeffto the Passamaquoddy Tribe by quitclaim 
deed dated May 4, 1982, recorded in the Washington County Registry of Deeds in 
Book 1178, Page 35, to the extent that the land is not held in common with any other 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
person or entity and is certified by the secretary 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 not held in common with any other person or entity and-is 
certified by the secretary as held for the benefit of the Passamaquoddy Tribe.~ 
F. Lands owned in fee simple by the Passamaquoddy Tribe on the effective date of 
this paragraph that the secretary acquires 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; and 
G. Lands acquired in trust by the secretary for the benefit of the Passamaquoddy Tribe 
pursuant to any applicable federal Indian law, including but not limited to the federal 
Indian Reorganization Act. Public Law 73-383. and its implementing regulations as 
described in subsection 6. 
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 elitent that those lands are 
not held in common with any other person or entity and are certified by the secretary 
as held for the Penobscot Nation: 
The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P. 
(Lov,,elltown), 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. TackefforNortheastem 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. (f.rlder 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 TA, N.D.; any portion ofT.39, M.D.; any portion ofT.40, M.D.; any portioo 
of TA 1, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond Intemational 
Corporation, futematiooal Paper Company and Lincoln Pulp and Paper Company 
located in ,i\rgyle; any land acquired in Williamsburg T.6, R.8, N.W.P.; 8:Rj' 300 acres 
in Old Town mutually agreed upon by the City of Old Tovm and the Penobscot Nation 
Tribal Go>1ernment; any lands in Lakeville acquired by the Penobscot Nation; and all 
the property acquired by the Penobscot Indian Nation from. Herbert C. Haynes, Jr., 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1210, L.D. 1626 
Herbert C. Haynes, Ine. and Five Islands Land Corporation loeated in Tov,rnship 1, 
R11.nge 6 W.E.L.£. 
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) Subject to the provisions of subparagraph (2). after the effective date of 
this subparagraph and the land • is located within 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
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); and 
C. Lands acquired in trust by the secretary for the benefit of the Penobscot Nation 
pursuant to any applicable federal Indian law, including but not limited to the federal 
Indian Reorganization Act, Public Law 73-383 and its implementing regulations as 
described in subsection 6. 
a, Takings under the laws ef the State. 
A. Prior to any taking of land for public uses within either the Passamaquoddy Indian 
R-0servation or the Penobscot Indian R-0serr;ation, the public entity proposing the 
taking, or, in the 6".'ent 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 com.pare 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 malcing 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 
Geurt: 
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 •;alue 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 R-0servation of the affected tribe or nation v1ithout further 
appro•1al of the State. :Per purposes of this section, land along and adjacent to the 
Penobscot River shall be deemed to be contiguous to the Penobscot Indian R-0servation. 
The acquisition of land for the Passamaquoddy Tribe or the Penobseot Nation or any 
allottee under this subt,ection 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 •Nith 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 1Nithin either the Passamaquoddy Indian R-0servation or the Penobscot 
Indian Reservation is taken for public uses in accordance 1.vith the laws of the State the 
money received for said land shall be reinvested in other lands within 2 years of the 
date on vlhich the money is received. To the extent that any moneys received are so 
reinvested in land with an area not greatel' than the area of the land taken and located 
within an unorganized or unincorporated area of the State, the lands so acquired by 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
such reinvestment shall be included Vi'ithin the respective Indian territory without 
further approval of the State. To the ex.tent that any moneys received are so reinvested 
in land 't'l'ith an area greater than the area of the land taken and located ·within an 
unorganized or unincorporated area of the State, the respective tribe or nation shall 
designate, within 3 0 days of such reinvestment, that portion of the land acquired by 
such reinvestment, not to exceed the area taken, which shall be included •,1i1ithin the 
respective Indian territory. No land acquired pursuant to this paragrnph shall be 
included v1ithin either Indian Ten-itory until the Secretary of Interior has certified, in 
v,rriting, 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 vlith the lav,s of the United States and the reinvestment of the moneys received 
from such taking vlithin 2 years of the date on which the moneys are receh•ed, the status of 
the lands acquired by such reinvestment shall be determined in accordance 'Nith 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 •,1i1ithin 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 lav1s by the Legislature and Governor of 
Maine, provided, however, that no lands vrithin any city, tovm, 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, tovm, 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 vmich 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 v1ithin 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 or other natural 
resources 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 or 
natural resources is not subject to approval by the State or any local government within the 
State.' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 30 MRSA §6205-A, as enacted by PL 1981, c. 675, §§2 and 8, is repealed. 
Sec. 7. 30 MRSA §6205-B is enacted to read: 
§6205-B. Acquisition of Houlton Band Trust Land 
1. Acquisition. Lands or other natural resources acquired by the secretary for the 
benefit of the Houlton Band of Maliseet Indians in accordance with the requirements of the 
Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 1986, United 
States Public Law 99-566 are included within Houlton Band Trust Land. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1210, L.P. 1626 
2. Acquisition of additional trust land. Nothing in this Act limits the ability of the 
Houlton Band of Maliseet Indians to acquire trust land or other natural resources 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 or natural 
resources is not subject to approval by the State or any local government within the State. 
Such lands or natural resources acquired in accordance with this subsection are included 
within Houlton Band Trust Land.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 30 MRSA §6206, as corrected by RR 2019, c. 2, Pt. A, §30, is further 
amended to read: 
§6206. P0wers and duties Rights, privileges, powers, duties and immunities of the 
Indian tribes within their respeeti-ve Indian territories and the State 
1. General P0wers powers. Except as otherwise provided specified in this Act, the 
State, the Passamaquoddy Tribe ood~ the Penobscot Nation, vrithin their respective Indian 
territories, shall and the Houlton Band of Maliseet Indians agree and intend pursuant to 
United States Public Law 96-420 to recognize that the Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band of Maliseet Indians and their respective members 
have, and may exercise and enjoy all the rights, privileges, powers, duties and immunities; 
inemding, but v,rithout limitation, the pov1er to enaet ordinanees and collect taxes, and shall 
be subject to all the duties, obligations, liabilities and limitations of a munieipality 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 1.vithin 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 lav;s of the State applicable to the 
respective Indian territories and the residents thereof. Any resident of the Passamaquoddy 
Indian territory or the Penobscot Indian ten·itory 11,rho is not a member of the respective 
tribe or nation nonetheless shall be equally entitled to roeeive any muaieipal or 
governmental serviees provided by the respective tribe or nation or by tho State, eKcopt 
those services 1.vhich are provided eKclusivoly to members of tho rospeetive tribe or natiofl 
pursuaat to state or federal lmv, and shall be entitled to vote in national, state and county 
elections in tho same manaer as any tribal member residing vrithin Indiaa territory that 
federally recognized Indian tribes and their members generally have or exercise under 
federal Indian law, including laws and regulations of the United States enacted for the 
benefit of Indians, Indian nations or tribes or bands of Indians and laws and regulations that 
accord a special status or right to or that relate to a special status or right of any Indian, 
Indian nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, 
Indian territory or land held in trust for Indians. 
2. Power to sue and be sued sovereign immunity. The Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band ofMaliseet Indians and their respective members may 
sue and be sued in the courts of the State to the same extent as any other entity or person 
in the State provided, however, that the respective tribe or nation. The Passamaquoddy 
Tribe, the Penobscot Nation, the Houlton Band ofMaliseet Indians and its their respective 
COMMITTEE AMENDMENT 
o<o 
~ 
COMMITTEE AMENDMENT" A" to H.P. 1210, L.D. 1626 
officers and employees shall be are immune from suit vlhen the respective tribe or nation 
is acting in its go,f'ernmental capacity to the same extent as any municipality or like officeFS 
0r employees thereof within the State are other federally recognized Indian tribes and their 
officers and employees under federal Indian law. 
~- Ordinanees. The Passamaquoddy Tribe and the Penobscot Nation each has the 
'ah+ + 
' 
' 
' 
' ,l' 
' 
• t.. • 
• 
• 
,1 • 
, 
, 
, 
1'115111, tO e1c.erc1se eKCtUSPle Jur1su1ct1on wfttllll Jts respective lnu1an terrrtory over v10lat10ns 
by members of either tribe or nation of tribal ordinances adopted pursuant to this section 
or section 6207. The decision to exercise or tenninate 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 v,ithin 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 
follov,ing: 
A .. Section 6209 },., 
B. Section 6209 B.
Amend the bill in section 10 in §6207 in subsection 1-A in the 4th line (page 14, line 
in L.D.) by inserting after the following: 
11their
the following: 'respective' 
Amend the bill in section 10 i.n § 6207 by striking out all of subsection 4 (page 15, lines 
to 43 and page 16, lines 1 and 2 in L.D.) and inserting the following: 
'4. 
Sustenanee fishing Fishing and taking of wildlife within -the Indian 
reservations territory or trust land. Notwithstanding any rule or regulation promulgated 
adopted by the commission or any other law of the State, the members of the 
Passamaquoddy Tribe and,. the Penobscot Nation and the Houlton Band ofMaliseet Indians 
may take fish; and wildlife within the boundaries of their respective Indian reservations, 
for their individual sustenance subject to the limitations of subsection 6 territory or trust 
land.' 
Amend the bill in section 11 in §6207-A in the first indented paragraph in the 2nd line 
(page 17, line 16 in L.D.) by striking out the following: 
11and hereby" and inserting the 
following: 'to' 
Amend the bill in section 12 in §6208 in subsection 4 in the 3rd line (page 18, line 20 
in L.D.) by striking out the following: 
11and hereby" and inserting the following: 'to' 
Amend the bill in section 12 in §6208 in subsection 4 in the last line (page 18, line 24 
in L.D.) by striking out the following: 
11, including entities owned by a tribe or tribal 
member" 
Amend the bill in section 12 in §6208 in subsection 5 in the 3rd line (page 18, line 27 
in L.D.) by striking out the following: 
11and hereby" and inserting the following: 
1to
Amend the bill in section 12 in §6208 in subsection 5 in the last line (page 18, line 30 
inL.D.) by inserting after the following: 
11on
the following: 'their respective' 
Amend the bill in section 12 in §6208 by striking out all of subsection 6 (page 18, lines 
to 37 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
~OS 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
'6. Not subject to state income tax. For taxable years beginning Januaiy 1, 2023, the 
State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians agree and intend pursuant to United States Public Law 96-420 to recognize and 
adopt the application of federal Indian law with regard to the right of the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians and their tribal 
members and tribal entities who reside on Indian territory or trust land of their respective 
tribe, nation or band to not be subject to state tax for income earned on their respective 
Indian territo1y or trust land.' 
Amend the bill in section 12 in §6208 in subsection 7 in the 3rd line (page 18, line 40 
in L.D.) by striking out the following: "and hereby" and inse1ting the following: 'to' 
Amend the bill in section 12 in §6208 in subsection 7 in the 5th line (page 18, line 42 
in L.D.) by insetting after the following: "Indians" the following: 'and their tribal members 
and tribal entities' 
Amend the bill in section 12 in §6208 in subsection 8 in the 3rd line (page 19, line 1 in 
L.D.) by striking out the following: "and hereby" and inserting the following: 'to' 
Amend the bill in section 12 in §6208 in subsection 9 in the first line (page 19, line 9 
in L.D.) by insetting after the following: "income tax" the following:',;,' 
Amend the bill in section 12 in §6208 in subsection 9 in the 3rd line (page 19, line 11 
in L.D.) by striking out the following: "owned by" and insetting the following: 'of 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(1) in the first line (page 19, line 16 in L.D.) by striking out the following: "from sales" and 
insetting the following: 'from state sales' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(2) in the first line (page 19, line 18 in L.D.) by striking out the following: "from income" 
and inserting the following: 'from state income' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(2) in the last line (page 19, line 20 in L.D.) by insetting after the following: "on" the 
following: 'that' 
Amend the bill in section 12 in §6208 in subsection 9 in pai·agraph B in the 3rd line 
(page 19, line 23 in L.D.) by striking out the following: "collected" and insetting the 
following: 'on nonmembers collected for sales' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph C in the 4th line 
(page 19, line 29 in L.D.) by striking out the following: "Indian territory or trust land" and 
insetting the following: 'fee lands wholly' 
Amend the bill in section 14 in §6209-A in subsection 1-A in paragraph Bin the last 4 
lines (page 21, lines 14 to 17 in L.D.) by striking out the following: "The Passamaquoddy 
Tribe may not deny to any criminal defendant prosecuted under this paragraph for a Class 
C crime the rights and protections enumerated in 25 United States Code, Section 1302(c)." 
Amend the bill in section 14 in §6209-A in subsection 1-A in the 2nd blocked 
paragraph in the 5th line (page 21, line 32 in L.D.) by inse1ting after the following: "State" 
the following: ', except that the punishments imposed may not exceed the maximum 
punishments set fotth in 25 United States Code, Section 1302(a)(7)' 
COMMITTEE AMENDMENT 
~as 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
Amend the bill in section 14 in §6209-A by striking out all of subsection 2 (page 21, 
lines 40 to 45 and page 22, lines 1 to 5 in L.D.) and inserting the following: 
12. Definitions of crimes; tribal procedures. In exercising its exclusive jurisdiction 
under subsection 1, paragraphs A and B, the Passamaquoddy Tribe is deemed to be 
enforcing Passamaquoddy tribal law. The definitions of the criminal offenses crimes and 
juvenile crimes and the punishments applicable to those criminal offenses crimes and 
juvenile crimes over which the Passamaquoddy Tribe has exclusive jurisdiction under this 
se.ction are governed by the laws of the State. Issuance and execution of criminal process 
are also governed by the laws of the State. except that the punishments imposed may not 
exceed the maximum punishments set forth in 25 United States Code. Section 1302(a)(7). 
The procedures for the establishment and operation of tribal forums created to effectuate 
the purposes of this section are governed by federal statute, including, without limitation, 
the provisions of 25 United States Code, Sections 1301 to 1303 and rules or regulations 
generally applicable to the exercise of criminal jurisdiction by Indian tribes on federal 
Indian reservations.' 
Amend the bill in section 14 in §6209-A in subsection 4-A in the 3rd line (page 23, 
line 3 in L.D.) by striking out the following: "and hereby" and inserting the following: 'to' 
Amend the bill in section 15 in §6209-B in subsection 1-A in paragraph B in the last 3 
lines (page 24, lines 3 8 to 40 in L.D.) by striking out the following: "The Penobscot Nation 
may not deny to any criminal defendant prosecuted under this paragraph for a Class C 
crime the rights and protections enumerated in 25 United States Code, Section 1302(c). 
Amend the bill in section 15 in §6209-B in subsection 1-A in the 2nd blocked paragraph 
in the 5th line (page 25, line 10 in L.D.) by inserting after the following: "State" the 
following: 
, except that the punishments imposed may not exceed the maximum 
punishments set forth in 25 United States Code. Section 1302(a)(7)' 
Amend the bill in section 15 in §6209-B in subsection 2 in the 7th line (page 25, line 
in L.D.) by inserting after the following: 
11State
the following: 1, except that the 
punishments imposed may not exceed the maximum punishments set forth in 25 United 
States Code. Section 1302(a)(7)' 
Amend the bill in section 15 in §6209-B in subsection 4-A in the 3rd line (page 26, line 
in L.D.) by striking out the following: "and hereby" and inserting the following: 'to' 
Amend the bill in section 16 in §6209-C in subsection 1-C in paragraph B in the last 4 
lines (page 29, lines 34 to 37 in L.D.) by striking out the followiJig: "The Houlton Band of 
Maliseet Indians may not deny to any criminal defendant prosecuted under this paragraph 
for a Class C crime the rights and protections enumerated in 25 United States Code, Section 
1302(c)." 
• 
Amend the bill in section 16 in §6209-C in subsection 1-C in the last blocked paragraph 
in the 5th line (page 30, line 9 in L.D.) by inserting after the following: 
11State
the 
following: 
1, except that the punishments imposed may not exceed the maximum 
punishments set forth in 25 United States Code, Section 1302(a)(7)' 
Amend the bill in section 16 in §6209-C in subsection 2 in the 6th line (page 30, line 
in L.D.) by inserting after the following: "State" the following: ', except that the 
punishments imposed may not exceed the maximum punishments set forth in 25 United 
States Code, Section 1302(a)(7)' 
COMMITTEE AMENDMENT 
r"os 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
Amend the bill in section 16 in §6209-C in subsection 5-A in the 3rd line (page 31, line 
in L.D.) by striking out the following: "and hereby" and inserting the following: 'to' 
Amend the bill in section 18 in §6210 in subsection 2 in the 4th and 5th lines (page 32, 
lines 40 and 41 in L.D.) by striking out the following: "both Indian territories and" and 
inserting the following: 'beth Indian territories territory or' 
Amend the bill by striking out all of section 22 and inserting the following: 
'Sec. 22. 30 MRSA §6215 is enacted to read: 
§6215. Civil jurisdiction 
1. Nonmembers subject to state laws on Indian territory or trust land. The State, 
the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet Indians 
agree and intend pursuant to United States Public Law 96-420 to recognize and adopt the 
application of federal Indian law with regard to the applicability of the laws of the State to 
nonmembers on the Indian territory or trust land of the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians, except as otherwise provided 
in-this Act. 
2. Members and entities not subject to state laws on Indian territory or trust land. 
The State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420 to 
recognize that, except as otherwise provided in this Act or by federal Indian law, the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band 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 
Indian territory or trust land. The State, the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band ofMaliseet Indians agree and intend pursuant to United States 
Public Law 96-420 to recognize that, except as otherwise provided in this Act or by federal 
Indian law, the Passamaquoddy Tribe,· the Penobscot Nation and the Houlton Band of 
Maliseet Indians have exclusive civil regulatory jurisdiction over their respective tribal 
members and tribal entities on their respective Indian territory or trust land. 
4. Concurrent civil regulatory authority over nonmembers on Indian territory or 
trust land. The State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians agree and intend pursuant to United States Public Law 96-420 to 
recognize that, except as otherwise provided in this Act or by federal Indian law, the 
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, the 
State and local govemments have concurrent civil regulato1y jurisdiction over nonmembers 
on the Indian territory or trust land of the Passamaquoddy Tribe, the Penobscot Nation and 
the Houlton Band of Maliseet Indians.' 
Amend the bill by striking out all of section 23 and inserting the following: 
'Sec. 23. 30 MRSA §6216 is enacted to read: 
§6216. Federal laws apply; do not affect or preempt the laws of this State 
The State, the Passamaquoddy Tribe, the Penobscot Nation and' the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420 that any 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
law of this State, including, without limitation, laws of this State relating to land use or 
environmental matters, that is contrary to any law or regulation of the United States that 
accords a special status or right to or relates to· a special status or right of any Indian, Indian 
nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, Indian 
territory or land held in trust for Indians, or that would be affected or preempted by such 
law or regulation of the United States, does not apply to the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians and their tribal members and 
lands, except as otherwise provided by this Act or federal Indian law. Except for laws that 
conflict with the jurisdiction over crimes and juvenile crimes described in this Act, the 
State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet 
Indians further agree and intend pursuant to United States Public Law 96-420 that any law 
or regulation of the United States enacted before, on or after October 10, 1980 that accords 
a special status or right to or relates to a special status or right of any Indian, Indian nation, 
tribe or band oflndians. Indian lands. Indian reservations. Indian country. Indian territory 
or land held in trust for Indians applies to the Passamaquoddy Tribe, the Penobscot Nation, 
the Houlton Band ofMaliseet Indians and their tribal members and lands. 
Notwithstanding any provision of this Act to the contrary, the Passamaquoddy Tribe, 
the Penobscot Nation and the Houlton Band of Maliseet Indians may conduct gaming 
activities only in accordance with state law and 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.' 
Amend the bill in section 24 in §6217 in subsection 1 in the 5th line (page 36, line 14 
in L.D.) by striking out the following: "or legislation and" and inserting the following: '.,_ 
legislation or' 
Amend the bill in section 24 in §6217 in subsection 1 in the 8th line (page 36, line 17 
in L.D.) by striking out the following: "tribes and" and inserting the following: 'tribes or' 
Amend the bill in section 24 in §6217 in subsection 2 in paragraph A in the 3rd line 
(page 36, line 24 in L.D.) by striking out the following: 
1125
and inserting the following: 
'35' 
Amend the bill in section 24 in §6217 in subsection 4 in the first line (page 3 7, line 16 
in L.D.) by striking out the following: 
112021
and inserting the following: '2022' 
Amend the bill in section 24 in §6217 in subsection 5 in the first line (page 37, line 31 
in L.D.) by striking out the following: 
112021
and inserting the following: '2022' 
Amend the bill in section 24 in §6217 in subsection 8 in the first line (page 38, line 5 
inL.D.) by striking out the following: 
112022
and inserting the following: '2023' 
Amend the bill in section 26 in §6219 in the first indented paragraph in the first line 
(page 38, line 25 in L.D.) by striking out the following: 
112021
and inserting the following: 
'2022' 
Amend the bill by striking out all of section 28 and inserting the following: 
'Sec. 28. 30-A MRSA §5681, sub-§7, as enacted by PL 1989, c. 871, §1 and 
affected by §22, is amended to read: 
COMMITTEE AMENDMENT 
v.-OS 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
7. 
Indian territory. 
For purposes of state-municipal revenue sharing, the 
Passamaquoddy ffi9e Indian territory and the Penobscot NatieH: 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, the property tax 
assessment is computed by multiplying the state valuation for the Indian territory for the 
period for which revenue sharing is being determined by the most current average equalized 
property tax rate of all municipalities in the State at that time as determined by the State 
Tax Assessor.' 
Amend the bill in section 30 in subsection 1-E in the last line (page 40, line 5 in L.D.) 
by striking out the following: "2-A" and inserting the following: '2-B' 
Amend the bill by striking out all of section 31 and inserting the following: 
'Sec. 31. 36 MRSA §111, sub-§1-F is enacted to read: 
1-F. Indian territory or trust land. "Indian territory or trust land" has the same 
meaning as in Title 30, section 6203, subsection 2-C.' 
Amend the bill by striking out all of section 32 and inserting the following: 
'Sec. 32. 36 MRSA §111, sub-§2-A is enacted to read: 
2-A. Passamaquoddy Indian territory. "Passamaquoddy Indian territory" has the 
same meaning as in Title 30, section 6203, subsection 6.' 
Amend the bill by striking out all of section 33 and inserting the following: 
'Sec. 33. 36 MRSA §111, sub-§2-B is enacted to read: 
2-B. Passamaquoddy Tribe. "Passamaquoddy Tribe" has the same meaning as in 
Title 30, section 6203. subsection 7.' 
Amend the bill by striking out all of section 34. 
Amend the bill by striking out all of section 3 5 and inserting the following: 
'Sec. 35. 36 MRSA §111, sub-§2-C is enacted to read: 
2-C. Penobscot Indian territory. "Penobscot Indian territory" has the same meaning 
as in Title 30, section 6203. subsection 9.' 
Amend the bill by striking out all of section 36 and inserting the following: 
'Sec. 36. 36 MRSA §111, sub-§2-D is enacted to read: 
2-D. Penobscot Nation. "Penobscot Nation
has the same meaning as in Title 30, 
section 6203, subsection 10.' 
Amend the bill by striking out all of section 3 9 and inserting the following: 
'Sec. 39. 36 MRSA §1760, sub-§112 is enacted to read: 
112. Certain sales to Passamaquoddy Tribe, Penobscot Nation and Houlton Band 
of Maliseet Indians and their tribal members. Sales in, into, on, from or otherwise 
sourced to: 
A. Passamaquoddy Indian territory that are made by or to the Passamaquoddy Tribe. 
by or to any tribal member of the Passamaquoddy Tribe or by or to any tribal entity of 
the Passamaquoddy Tribe: 
COMMITTEE AMENDMENT 
~as 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
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.' 
Amend the bill in section 40 in §1815 in subsection 2 in the 3rd line (page 41, line 32 
in L.D.) by striking out the following: "occurring on" and inserting the following: 
'occurring on, in. into, from or otherwise sourced to' 
Amend the bill by striking out all of section 41 and inserting the following: 
'Sec. 41. 36 MRSA §5122, sub-§2, ~ 
is enacted to read: 
XX. For taxable years beginning on or after January 1. 2023: 
(1) Income of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians that is earned on or from activities occurring on or 
otherwise sourced to the tribe's, nation's or band's Indian territory or trust land; and 
(2) Income of the tribal members and tribal entities of the Penobscot Nation, the 
Passamaquoddy Tribe and the Houlton Band of Maliseet Indians, as long as: 
(a) The income is earned on or from activities occurring on or otherwise 
sourced to the Indian territory or trust land of the tribal member's or tribal 
entity's tribe, nation or band; and 
(b) The tribal member or tribal entity resides on the Indian territory or trust 
land of that tribal member's or tribal entity's tribe, nation or band. For purposes 
of this paragraph. a tribal entity "resides" where its principal place of business 
is located.' 
Amend the bill in section 42 in the 11th line (page 42, line 19 in L.D.) by striking out 
the following: "2021" and inserting the following: '2022' 
Amend the bill in section 42 in the 11th and 12th lines (page 42, lines 19 and 20 in 
L.D.) by striking out the following: "Joint Standing Committee on Judiciary" and inserting 
the following: Joint standing committee of the Legislature having jurisdiction over 
judiciary matters' 
Amend the bill in section 42 in the next to the last line (page 42, line 22 in L.D.) by 
striking out the following: "Second Regular Session of the 130th" and inserting the 
following: 'First Regular Session of the 131 st' 
Amend the bill by striking out all of section 43 and inserting the following: 
COMMITTEE AMENDMENT 
<;)...0$ 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
'Sec. 43. Appropriations and allocations. The following appropriations and 
allocations are made. 
TREASURER OF STATE, OFFICE OF 
Maliseet Sales Tax Fund N952 
Initiative: Establishes the Maliseet Sales Tax Fund to collect and remit sales tax collected 
on Houlton Band Trust Land. 
OTHERSPECIALREVENUEFUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Penobscot Sales Tax Fund N951 
2021-22 
$0 
$0 
2022-23 
$500 
$500 
Initiative: Establishes the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Penobscot Indian territory or trust lands. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
TREASURER OF STATE, OFFICE OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
$500 
$500 
2022-23 
$1,000 
$1,000 
Sec. 44. 
Contingent effective date. This Act takes effect 120 days after 
adjournment of the Second Regular Session of the 130th Legislature only if, within 90 days 
after adjournment of the Second Regular Session of the 130th Legislature, the Secretary of 
State receives written certification from the Joint Tribal Council of the Passamaquoddy 
Tribe that the tribe has agreed to the provisions of this Act; from the Governor and the 
Council of the Penobscot Nation that the nation has agreed to the provisions of this Act; 
and from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band 
has agreed to the provisions of this Act, copies of which must be submitted by the Secretary 
of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes. 
Upon such written certification by the Houlton Band Council of the Houlton Band of 
Maliseet Indians, each section of this Act regarding or affecting the Houlton Band of 
Maliseet Indians and its tribal members and lands constitutes a jurisdictional agreement for 
purposes of the Maine Indian Claims Settlement Act of 1980, United States Public Law 
96-420, Section 6( e )(2). Such written certification by the Houlton Band Council of the 
Houlton Band of Maliseet Indians does not constitute an agreement that the contingencies 
in Public Law 1981, chapter 675 were met or that the provisions of Public Law 1981, 
chapter 675 ever took effect.' 
COMMITTEE AMENDMENT 
ROS 
COMMl'ITEE AMENDMENT ·A" to H.P. 1210, L.D. 1626 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
In this summary, the Maine Revised Statutes, Title 30, chapter 601, which is titled AN 
ACT to Implement the Maine Indian Claims Settlement, enacted by Public Law 1979, 
chapter 732, is refen·ed 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." 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. 
It amends the definition of "federal Indian law" to mean the United States 
Constitution and all generally applicable federal statutes, regulations and common law and 
case law interpreting, implementing, applying or enforcing those federal laws and 
regulations, and subsequent amendments thereto, relating to the rights, status, privileges, 
powers, duties and immunities of federally recognized Indian tribes and their members and 
lands or other natural resources within the United States. 
• 
2. It incorporates within the Maine Implementing Act the definition of "Houlton Band 
Trust Land" from the Houlton Band of Maliseet Indians Supplementary Claims Settlement 
Act of 1986, United States Public Law 99-566. 
3. It amends the definition of "tribal entity" to include a limited liability company and 
makes other technical changes to the language of the definition for purposes of clarity. 
4. It defines "Indian territory or trust land" to include, with respect to the 
Passamaquoddy Tribe and the Penobscot Nation, the tribe's or nation's Indian territory and, 
with respect to the Houlton Band of Maliseet Indians, Houlton Band Trust Land. This 
phrase is used throughout the bill and the amendment to describe the lands over which the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
may exercise rights, powers, duties and immunities similar to those of other federally 
recognized Indian tribes within the United States. 
5. It authorizes the United States Secretary of the Interior to acquire land for the benefit 
of the Passamaquoddy Tribe within Washington County to the same extent that the bill 
authorizes the secretary to acquire land for the benefit of the Passamaquoddy Tribe within 
Aroostook County, Franklin County, Hancock County, Penobscot County, Piscataquis 
County or Somerset County. It also clarifies that, if the Passamaquoddy Tribe requests that 
the secretary take into trust land that the tribe owns in fee simple on the effective date of 
the Act, such lands do not become part of Passamaquoddy Indian territory until the land 
has been placed in trust for the benefit of the tribe by the secretary. 
6. It provides that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians, as well as their officers and employees, are immune from suit to 
the same extent as other federally recognized Indian tribes and their officers and employees 
under federal Indian law. 
7. It clarifies that, when the tribal courts of the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band ofMaliseet Indians exercise exclusive or concurrent criminal 
jurisdiction, the definitions of the criminal offenses and the punishments applicable to those 
COMMITTEE AMENDMENT 
JS 
.. 
COMMITTEE AMENDMENT "A" to H.P. 1210, L.D. 1626 
criminal offenses are governed by state law, except that the punishments imposed by a 
tribal court may not exceed the maximum punishments that a tribal court may impose under 
United States Code, Section 1302(a)(7). 
8. It makes several technical changes to the tax provisions of the bill to align and ensure 
consistency between the language of the provisions within the Maine Implementing Act 
and the language of the provisions within the Maine Revised Statutes, Title 36. 
9. It provides that the Department of Administrative and Financial Services, Maine 
Revenue Services may enter into tax revenue-sharing agreements with the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band ofMaliseet Indians with respect to tax 
collected on sales on, in, into, from or otherwise sourced to fee lands wholly owned by the 
tr1be, nation or band. 
10. It increases from 25 to 35 the number of days within which the Passamaquoddy 
Tribe, the Penobscot Nation or the Houlton Band ofMaliseet Indians may, after the date of 
the mailing of a state agency's proposal to develop a rule, legislation or other policy 
statement or action that may directly and substantially affect that tribe, nation or band, 
request that the state agency consult with the tribe, nation or band prior to taking the 
proposed action. 
11. It increases by a year the deadlines established by the bill for each state agency to 
adopt tribal consultation policies; for each state agency to designate a tribal liaison; for 
each state agency to provide its first annual report on tribal consultation; and for the 
Governor to convene· the first annual assembly of the Governor and the chiefs of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet Indians. 
12. It repeals or repeals and replaces each provision of the Maine Implementing Act 
that was enacted by Public Law 1981, chapter 675 and provides that, if the Houlton Band 
Council of the Houlton Band of Maliseet Indians certifies its agreement to the provisions 
of this legislation, that agreement constitutes a jurisdictional agreement between the State 
and the Houlton Band of Maliseet Indians for purposes of Section 6(e)(2) of the federal 
Settlement Act but does not constitute an agreement by the Houlton Band of Maliseet 
Indians that the provisions of Public Law 1981, chapter 675 ever took effect. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/31/22 ;tpac=.. 
LD 1626 
LR 1341(02) 
An Act Implementing the Recommendations of the Task Force on Changes to the Maine Indian 
Claims Settlement Implementing Act 
/.QO 
\ 
Fiscal Note for Bill as Amended by Committee Amendment 'A' [ H-
u:>J 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2021-22 
$0 
$0 
$0 
$0 
$0 
FY2022-23 
$44,650 
$0 
$1,000 
($44,650) 
($2,350) 
Projections 
FY 2023-24 
$218,000 
$66,000 
$1,000 
($152,000) 
($59,500) 
Projections 
FY 2024-25 
$201,400 
$0 
$1,00(' 
($201,400) 
($62,100) 
This bill exempts income earned and sales made by tribal members on Indian territory or trust land from income and 
sales taxes and will reduce General Fund revenue by $44,650 in fiscal year 2022-23 and $152,000 in fiscal year 2023-
24. It reduces Local Government Fund revenue by $2,350 in fiscal year 2022-23 and $8,000 in fiscal year 2023-24. 
The bill creates the Maliseet Sales Tax Fund and the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Indian territory or tribal lands and provides baseline allocations of $500 to each fund in fiscal year 2022-23. 
Blueberries grown on tribal lands and processed in the State are exempt from the blueberry tax, reducing revenue to 
the Wild Blueberry Commission of Maine by $51,500 annually beginning in fiscal year 2023-24. The bill also 
exempts Indian territory and trust lands from property taxes and payments in lieu of taxes. This will reduce revenue to 
municipalities. No estimate of this loss can been made. 
The Department of Administrative and Financial Services will require a one-time General Fund appropriation of 
$66,000 in fiscal year 2023-24 for computer programming to add lines to the individual, fiduciary and corporate 
income tax returns. 
The Maine Indian Tribal-State Commission will incur additional costs as a result of the requirements of this bill. 
While the Commission has sufficient budgeted resources to cover these costs in the current 2022-2023 biennium as a 
result of one-time funding included in PL 2021, c. 398, ongoing costs from the bill could require additional funding iii 
the 2024-2025 biennium. 
LR1341(02) - Fiscal Note - Page 1 of 1