An Act To Amend AN ACT to Implement the Maine Indian Claims Settlement Concerning Land Acquisition and Criminal Jurisdiction
Maine Legislature, Session 130, LD 1665
Committee: Judiciary
Sponsors: BABBIDGE
Amends: 30 MRSA §6203, 30 MRSA §6205, 30 MRSA §6209-A, 30 MRSA §6209-B, 30 MRSA §6209-C

Legislative Document
No. 1665
H.P. 1236
House of Representatives, May 5, 2021
An Act To Amend AN ACT to Implement the Maine Indian Claims 
Settlement Concerning Land Acquisition and Criminal Jurisdiction
Received by the Clerk of the House on May 3, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BABBIDGE of Kennebunk.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30 MRSA §6203, sub-§1-A is enacted to read:
1-A.  Designated area for land acquisition.  "Designated area for land acquisition" 
means land located east of the mouth of the Penobscot River, land east of the Penobscot 
River and northward to 44º 50' N, land north of 44º 50' N westward to 69º 10' W, land east 
of 69º 10' W northward to 45º 55' N, land north of 45º 55' N westward to 69º 55' W, land 
west of 69º 55' W southward to 45º 30' N and land north of 45º 30' N westward to the border 
with Canada.  "Designated area for land acquisition" includes mainland territory from the 
eastern shore of Penobscot Bay southward to Eggemoggin Reach and Naskeag Point and 
eastward to the border with Canada, including all Maine islands east of 68º 33' W.  
"Designated area for land acquisition" does not include the Kennebec River watershed, 
except within the boundaries specified in this subsection, does not include the headwaters 
of the Kennebec River watershed, including any lands that have shoreline around or within 
Moosehead Lake, and does not include any lands west of the Penobscot River south of 44º 
50' N or from Penobscot Bay to the boundary with New Hampshire to the west and the 
border with Canada to the northwest. The designated area for land acquisition defines a 
specified boundary that is an approximate representation of the Penobscot River watershed 
and all lands north and east of the Penobscot River watershed to the border with Canada, 
including the St. John River and St. Croix River watersheds located within the State.
Sec. 2.  30 MRSA §6205, sub-§1, as amended by PL 2013, c. 91, §§1 and 2 and 
affected by §3, is further amended to read:
1.  Passamaquoddy Indian territory.  Subject to subsections 3, 4 and 5, the following 
lands within the State are known as "the "Passamaquoddy Indian territory":"
A.  The Passamaquoddy Indian Reservation;
B.  The first 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe from the following areas or lands, to include the following areas 
or lands acquired pursuant to the provisions of this Act prior to January 1, 2021 and 
subject to the limitations of subsection 2-A, as well as the following areas or lands and 
any areas or lands located within the designated area for land acquisition as defined in 
this chapter after January 1, 2021, to the extent that those lands are acquired by the 
secretary prior to January 31, 1991 December 31, 2040, are not held in common with 
any other person or entity and are certified by the secretary by January 31, 1991, 
December 31, 2040 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; and 
a plot of contiguous land in Calais that, when combined with land previously 
purchased, does not exceed 100 acres in total, mutually agreed upon by the City of 
Calais and the Passamaquoddy Tribal Government;
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 December 31, 2040, is not held in common with any other person or entity and is 
certified by the secretary by January 31, 2020 December 31, 2040 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 December 31, 2040, is not 
held in common with any other person or entity and is certified by the secretary by 
January 31, 2017 December 31, 2040 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 December 31, 2040, is not held in common with any other person or 
entity and is certified by the secretary by January 31, 2023 December 31, 2040 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 
December 31, 2040, is not held in common with any other person or entity and is 
certified by the secretary by January 31, 2017 December 31, 2040 as held for the benefit 
of the Passamaquoddy Tribe.
Sec. 3.  30 MRSA §6205, sub-§2, ¶B, as amended by PL 1999, c. 625, §1, is further 
amended to read:
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 include the following areas or 
lands acquired pursuant to the provisions of this Act prior to January 1, 2021 and 
subject to the limitations of subsection 2-A, as well as the following areas or lands and 
any areas or lands located within the designated area for land acquisition after January 
1, 2021, to the extent that those lands are acquired by the secretary prior to January 31, 
2021 December 31, 2040, are not held in common with any other person or entity and 
are certified by the secretary by January 31, 2021, December 31, 2040 as held for the 
benefit of 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 a plot of contiguous land in Old Town that, when combined with any land 
previously purchased, does not exceed 100 acres in total, not to include Indian Island, 
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.
Sec. 4.  30 MRSA §6205, sub-§2-A is enacted to read:
2-A.  Acquisitions within the designated area for land acquisition.  For the purposes 
of meeting the threshold of 150,000 acres described in subsection 1, paragraph B and 
subsection 2, paragraph B, additional lands within the designated area for land acquisition 
that are contiguous to existing tribal lands, and are located in unorganized townships, may 
be purchased, consistent with the provisions of subsection 5, and certified by the secretary 
by December 31, 2030 for the benefit of the Passamaquoddy Tribe or the Penobscot Nation.  
The timeline in this subsection as it pertains to the acquisition of land described in 
subsection 1, paragraph B is subject to extension upon the agreement of the 
Passamaquoddy Tribe and the State.  The timeline in this subsection as it pertains to the 
acquisition of land described in subsection 2, paragraph B is subject to extension upon the 
agreement of the Penobscot Nation and the State.
Sec. 5.  30 MRSA §6209-A, sub-§1, as amended by PL 2019, c. 621, Pt. D, §1 and 
affected by §5, is further amended to read:
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.
Sec. 6.  30 MRSA §6209-A, sub-§1-A, as enacted by PL 2019, c. 621, Pt. D, §2 
and affected by §5, is repealed and the following enacted in its place:
1-A.  Concurrent jurisdiction over certain criminal offenses.  The Passamaquoddy 
Tribe 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 
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.
Sec. 7.  30 MRSA §6209-A, sub-§1-B is enacted to read:
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.
Sec. 8.  30 MRSA §6209-A, sub-§3, as enacted by PL 1995, c. 388, §6 and affected 
by §8, is amended to read:
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.
Sec. 9.  30 MRSA §6209-A, sub-§4, as amended by PL 2019, c. 621, Pt. D, §4 and 
affected by §5, is further amended to read:
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.
Sec. 10.  30 MRSA §6209-B, sub-§1, as corrected by RR 2009, c. 1, §19, is 
amended to read:
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.
Sec. 11.  30 MRSA §6209-B, sub-§1-A, as enacted by PL 2019, c. 621, Pt. C, §1 
and affected by §4, is repealed and the following enacted in its place:
1-A.  Concurrent jurisdiction over certain criminal offenses.  The Penobscot Nation 
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 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.
Sec. 12.  30 MRSA §6209-B, sub-§1-B is enacted to read:
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.
Sec. 13.  30 MRSA §6209-B, sub-§2, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read:
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.
Sec. 14.  30 MRSA §6209-B, sub-§3, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read:
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.
Sec. 15.  30 MRSA §6209-B, sub-§4, as amended by PL 2019, c. 621, Pt. C, §3 
and affected by §4, is further amended to read:
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.
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 criminal 
included 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.
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.  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
In this summary, the Maine Revised Statutes, Title 30, chapter 601, which is titled AN 
ACT to Implement the Maine Indian Claims Settlement and was 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 as 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. This bill makes changes to the sections of the Maine 
Implementing Act describing land acquisition and criminal jurisdiction.
This bill extends the opportunity for tribal land acquisition to December 31, 2040 for 
both the Passamaquoddy Tribe and the Penobscot Nation to add to their respective trust 
lands under the Maine Implementing Act. It also establishes a new category of land, the 
designated area for land acquisition. It provides that for the purposes of meeting the initial 
threshold of 150,000 acres, additional lands within the designated area for land acquisition 
that are contiguous to existing tribal lands may be purchased and certified by the United 
States Secretary of the Interior by January 31, 2030, for the benefit of the Passamaquoddy 
Tribe or Penobscot Nation.
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.
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.