An Act to Advance Self-determination for Wabanaki Nations
Maine Legislature, Session 131, LD 2007
Committee Amendment CA_A_H910 (House)
Amends: 30 MRSA §6209-A, 30 MRSA §6206, 30 MRSA §6207, 30 MRSA §6207-B, 30 MRSA §6209-B, 30 MRSA §6209-C, 30 MRSA §7203, 30 MRSA §7208, 30 MRSA §6210

COMMITTEE AMENDMENT" J\;" to H.P. 1287, L.D. 2007, "An Act to Advance 
Self-determination for Wabanaki Nations" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Criminal Jurisdiction of Tribal Courts and to Extend the Time 
for the Penobscot Nation to Certify Its Agreement to Public Law 2023, Chapter 369' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 30 MRSA §6209-A, sub-§1, as amended by PL 2023, c. 359, §10 and 
affected by§ 13 and amended by c. 369, Pt. B, §2 and affected by §4, 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 The following criminal offenses for ·.vh:ieh the ma:K.Hffilm potential tefffl 
of imprisonment is less than one year and the ma1dffl-l¼m potential fine does aot 0'.!HJeed 
$5,000 and that are committed within Passamaquoddy Indian territory by a an adult 
member of any federally recognized Indian tribe, nation, band or other group, eueept 
v,rheB: eommitted against a persoa ·who is aot a member of any federally reeogaized 
IB:dian tribe, aation, band or other group Ol' against the property of a persoa v,rho is aot 
a member of any federally reeogaized Indian tribe, aatioa, band el' other grnup;~ 
(1) Class C. D and E crimes in Titles 15, 17, 17-A, 19-A and 29-A that are not 
committed against a person or the property of a person; and 
(2) Class C, D and E crimes committed against a person who is a member of any 
federally recognized Indian tribe. nation, band or other group or against the 
property of a person who is a member of any federally recognized Indian tribe, 
nation. band or other group. 
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COMMITTEE AMENDMENT" ~" to H.P. 1287, L.D. 2007 
The Passamaquoddy Tribe may not deny to any criminal defendant prosecuted 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 Band C, committed by a juvenile member of the Passamaquoddy Tribe, 
the Houlton Band of Maliseet Indians, the Mi'kmaq Nation or the Penobscot Nation 
within Passamaquoddy Indian territory; 
C. Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians, the Mi'kmaq Nation or the Penobscot Nation arising within 
Passamaquoddy Indian territory and cognizable as small claims under the laws of the 
State and civil actions against a member of the Passamaquoddy Tribe, the Houlton 
Band ofMaliseet Indians, the Mi'kmaq Nation or the Penobscot Nation under Title 22, 
section 23 83 involving conduct within Passamaquoddy Indian territory by a member 
of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians, the Mi'kmaq 
Nation or the Penobscot Nation; 
D. Indian child custody proceedings to the extent authorized by applicable state and 
federal law; 
E. Other domestic relations matters, including marriage, divorce and support, between 
members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians, the 
Mi'kmaq Nation or the Penobscot Nation, both of whom reside within the 
Passamaquoddy Indian territory; and 
F. Notwithstanding any other provision of this subsection, civil and criminal actions 
regarding the enforcement of ordinances enacted pursuant to section 6207, subsection 
10, except that the Passamaquoddy Tribe may not exercise jurisdiction over a nonprofit 
public municipal corporation, including, but not limited to, the water district 
established by Private and Special Law 1983, chapter 25. 
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, civil and domestic matters described in this 
subsection, the State has exclusive jurisdiction over those matters. Thc:cept as pro•1ided ia 
paragraphs A aad "Q, all lav,rs of the State relatiag to oriHliaal offeHses aad jw.zeaile eriraes 
apply withffi: Passa-m:aquoddy Iadiaa territory aad the State has e~ralusi>;e jurisdictioa 0•1er 
those offenses and 0rimes In exercising its exclusive jurisdiction under paragraphs A and 
B. the Passamaquoddy Tribe is enforcing Passamaquoddy tribal law. 
Sec. A-2. 30 MRSA §6209-A, sub-§1-A, as enacted by PL 2019, c. 621, Pt. D, §2 
and affected by §5, is amended to read: 
1-A. Concurrent jurisdiction over certain criminal offenses. The Passamaquoddy 
Tribe has the right to exercise jurisdiction, concurrently with the State, over the following 
Class D crimes committed by a persoa OH the Passa-m:aquoddy fudiaa R~servatioo or oa 
laads takea iHto trast by the se0retary for the benefit of the Passa-m:aquoddy Tribe, aow or 
ffi the future, for which the poteHtial maximum term of imprisoameat does aot e:iroeed oae 
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COMMITTEE AMENDMENT" A" to H.P. 1287, L.D. 2007 
yea-rand the potential fine does not ~e:eeed $2,000: Title 17 A, seetions 207 A, :209 A, 
:210 "B, :210 C and :211 A and Title 19 A, section 4011. The cone1:1rrent j1:1risdiction 
a:athorized by this s1:lbsectioa does not iael1:1de an offease committed by a jm•enile or a 
erimmal offease eommi-tted b:)' a persoa 1,11ho is not a member of any federally reeognii'ied 
Iadian tribe, Ration, band or other gr01.1p agaiast the persofl: or property of a persoa who is 
aot a member ofarty federally recogffii'ied fodian tribe, aatioa, band or other grmtp, criminal 
offenses: 
A. Class C, D and E crimes committed within Passamaquoddy Indian territory by an 
adult member of any federally recognized Indian tribe, nation, band or other group 
against a person who is not a member of any federally recognized Indian tribe, nation, 
band or other group or against the property of a person who is not a member of any 
federally recognized Indian tribe, nation, band or other group: and 
B. Class C, D and E crimes committed within Passamaquoddy Indian territory by a 
person who is not a member of any federally recognized Indian tribe, nation, band or 
other group as authorized in the federal Violence Against Women Act Reauthorization 
Act of 2022, Public Law 117-103, Division W, Title VIII, Subtitle A, Section 804, 25 
United States Code, Section 1304. Notwithstanding subsection 2, the Passamaquoddy 
Tribe may not deny to any criminal defendant prosecuted pursuant to this paragraph 
the rights and protections enumerated in 25 United States Code, Sections 1302(a), 
02( c ), 13 03 and 13 04( d) and all other rights whose protection is necessary under the 
United States Constitution in order for Congress or the State to recognize concurrent 
jurisdiction under this paragraph. 
The gov:ernmg body of the PassamaC[l:loddy Tl'ibe shall decide whether to ~raise or 
terminate the e1e:ercise of j1:1risdietioa al:lthorized by this s1:1bseetion. Nowi1i-thstandmg 
s1:1bseetioa :2, the Passamaql:loddy Tribe may not deRy to any eriminal defendam proseel:lted 
under this s1:lbseetioa the right to a jl:lf)' of 12, the right to a enanimol:ls jl:lf)' verdiet, the 
rights and protectioas enumerated m :25 United States Code, Sectioas 130:2(a), 130:2(e), 
1303 and 1304(d) and all other rights •.vhose proteetioa is necessa-ryl:lnderthe United States 
Coasti-tl:ltioa in order for the State to a:athorize eoneurreRtju-fisdietioa ender this s1:lbseetion. 
If a eriminal defendam proseel:lted 1,mder this sebsection moves to seppress statements on 
the grouad that they were made myofontarily, the proseel:ltion has the berdea to pro•,<e 
beyoad a reasonable doubt that the statements were made voruntarily. 
The Passamaquoddy Tribe may not deny to any criminal defendant prosecuted 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. 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. A-3. 30 MRSA §6209-A, sub-§1-B is enacted to read: 
1-B. Exclusive iurisdiction of the State. Except as provided in subsection L 
paragraphs A and Band subsection 1-A, all laws of the State relating to criminal offenses 
and juvenile crimes apply within Passamaquoddy Indian territory and the State has 
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COMMITTEE AMENDMENT "It" to H.P. 1287, L.D. 2007 
exclusive jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 
1-A, the State has exclusive jurisdiction over: 
A. All crimes and juvenile crimes committed within Passamaquoddy Indian territory 
against the State or against any office. department. agency. authority, commission, 
board, institution, hospital or other instrumentality of the State, including the Maine 
Turnpike Authority, the Maine Port Authority, the Northern New England Passenger 
Rail Authority, the Maine Community College System, the Maine Veterans' Homes, 
the Maine Public Employees Retirement System, the Maine Military Authority and all 
similar state entities: and 
B. Class C. D and E crimes defined in provisions of the Maine Revised Statutes outside 
of Titles 15, 17, 17-A, 19-A and 29-A committed within Passamaquoddy Indian 
territory by an adult member of any federally recognized Indian tribe, nation, band or 
other group that are not committed against a person or the property of a person. 
Nothing in subsection 1 or 1-A affects, alters or preempts the authority of the State to 
investigate or prosecute any conduct occurring in the State, including conduct occurring in 
Passamaquoddy Indian territory, that is within the State's exclusive or concurrent 
jurisdiction. 
Sec. A-4. 30 MRSA §6209-A, sub-§2, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read: 
2. Definitions of crimes; tribal procedures, 1H. e~cising its exclusiv:e jurisdietioa 
uader subsectioa 1, paragraphs l,.. and B, the Passamaqaoddy Tribe is deemed to be 
enforcing:Passamaqaoddy tribal law. The definitions of the criminal offenses and juvenile 
crimes and the punishments applicable to those criminal offenses and juvenile crimes over 
which the Passamaquoddy Tribe has exclusive jurisdiction under this section are governed 
by the laws of the State. Issuance and execution of criminal process are also governed by 
the laws of the State. The procedures for the establishment and operation of tribal forums 
created to effectuate the purposes of this section are governed by federal statute, including, 
without limitation, the provisions of 25 United States Code, Sections 1301 to 1303 and 
rules or regulations generally applicable to the exercise of criminal jurisdiction by Indian 
tribes on federal Indian reservations. 
Sec. A-5. 
Contingent effective date. This Part takes effect 150 days after 
adjournment of the Second Regular Session of the 131st Legislature only if, within 120 
days after adjournment of the Second Regular Session of the 131st Legislature, the 
Secreta1y of State receives written certification from the Chief of the Passamaquoddy Tribe 
at Sipayik and the Chief of the Passamaquoddy Tribe at Motahkomikuk, or the designee 
under the Maine Revised Statutes, Title 3, section 602, that the Passamaquoddy Tribe has 
agreed to the provisions of this Part, copies of which must be submitted by the Secretary 
of State to the Secretary of the Senate, the Clerk of the House of Representatives and the 
Revisor of Statutes. 
PARTB 
Sec. B-1. 30 MRSA §6206, sub-§1, as amended by PL 2021, c. 650, §5 and 
affected by§ 13, is further amended to read: 
1. General powers. Except as otherwise provided in this Act, the Passamaquoddy 
Tribe and the Penobscot Nation, within their respective Indian territories, shall have, and 
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COMMITTEE AMENDMENT" A!' to H.P. 1287, L.D. 2007 
may exercise and enjoy all the rights, privileges, powers and immunities, including, but 
without limitation, the power to enact ordinances and collect taxes, and shall be are subject 
to all the duties, obligations, liabilities and limitations of a municipality of and subject to 
the laws of the State, provided, however, that internal tribal matters, including membership 
in the respective tribe or nation, the right to reside within the respective Indian territories, 
tribal organization, tribal government, tribal elections, the use or disposition of settlement 
fund income and the exercise of power by the Passamaquoddy Tribe pursuant to section 
6207, subsection 10, section 6207-A and section 6209-A, subsection 1, paragraph F shall 
and by the Penobscot Nation pursuant to section 6207, subsection 11, section 6207-B and 
section 6209-B. subsection 1, paragraph F, respectively, is not be subject to regulation by 
the State. The Passamaquoddy Tribe and the Penobscot Nation shall designate such officers 
and officials as are necessary to implement and administer those laws of the State 
applicable to the respective Indian territories and the residents thereof. Any resident of the 
Passamaquoddy Indian territory or the Penobscot Indian territory who is not a member of 
the respective tribe or nation nonetheless shall be is equally entitled to receive any 
municipal or governmental services provided by the respective tribe or nation or by the 
State, except those services whieh that are provided exclusively to members of the 
respective tribe or nation pursuant to state or federal law, and shall be ~ entitled to vote in 
national, state and county elections in the same manner as any tribal member residing 
within Indian territory. 
Sec, B-2. 30 MRSA §6207, sub-§11 is enacted to read: 
11. Regulation of drinking water by Penobscot Nation. Unless the Penobscot 
Nation, in its discretion, enters into an intergovernmental agreement authorizing the State 
to exercise concurrent jurisdiction over specific drinking water-related issues within the 
Penobscot Indian territory:: 
A. The Penobscot Nation has exclusive authority to enact ordinances regulating 
drinking water within Penobscot Indian territory:; 
B. The State may not exercise primary: enforcement authority from the United States 
Environmental Protection Agency to implement the federal Safe Drinking Water Act 
and its implementing regulations, as amended, within the Penobscot Indian territory:; 
and 
C. The Penobscot Nation may seek to be treated as a state and to obtain primary 
enforcement authority from the United States Environmental Protection Agency to 
implement the federal Safe Drinking Water Act and its implementing regulations, as 
amended, within Penobscot Indian territory:. 
Notwithstanding any other provision of this subsection, the Penobscot Nation's jurisdiction 
does not extend beyond the Penobscot Indian territory:. 
Sec. B-3. 30 MRSA §6207-B is enacted to read: 
§6207-B. Jurisdiction of Penobscot Nation over drinldng water within the Penobscot 
Indian territory 
Notwithstanding any provision of state law to the contrary, pursuant to the federal 
Maine Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(l), the State 
and the Penobscot Nation agree and establish that: 
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1. 
Jurisdiction of Penobscot Nation to administer drinldng water-related 
programs. The Penobscot Nation may seek to be treated as a state pursuant to the federal 
Safe Drinking Water Act, 42 United States Code, Section 300j-ll, and its implementing 
regulations, as amended, within the Penobscot Indian territory and may otherwise benefit 
from and exercise jurisdiction under any other federal law enacted after October 10, 1980 
that permits a federally recognized Indian tribe to administer drinking water-related 
programs; and 
2. Administration of drinldng water-related programs does not affect or preempt 
state law. The application of any provision of the federal Safe Drinking Water Act and its 
implementing regulations, as amended, and of any other federal law enacted after October 
10, 1980 that permits a federally recognized Indian tribe to administer drinking water-
related programs and the enforcement of such laws and regulations by the Penobscot Nation 
under subsection 1 does not affect or preempt the laws of the State. 
Notwithstanding any other provision of this section, the Penobscot Nation's jurisdiction 
does not extend beyond the Penobscot Indian territo1y. 
Sec. B-4. 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 The following criminal offenses for ·which the ma1dmum potential term 
of imprisoemen-t does not e*ceed one year 0:fld the ma1dffil:lm potefl:tial fine does not 
e:K:ceed $5,000 and that a-re committed on the Indian reserv:ation of the within Penobscot 
Natieft Indian territory by a an adult member of any federally recognized Indian tribe, 
nation, band or other group, except whefl: coffi:ffiitted a-gainst a person 1.vho is not a 
member of ffi'l.3/ federally recognized Indian tribe, nation, band or other group or agaiB:st 
the property of a person vlho is not a member of aay federally recogaized Indian tribe, 
nation, band or other group;~ 
(1) Class C, D and E crimes in Titles 15, 17, 17-A, 19-A and 29-A that are not 
committed against a person or the property of a person; and 
(2) Class C, D and E crimes committed against a person who is a member of any 
federally recognized Indian tribe, nation, band or other group or against the 
property of a person who is a member of any federally recognized Indian tribe, 
nation, band or other group. 
The Penobscot Nation may not deny to any criminal defendant prosecuted 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 eitheF the Passamaquoddy 
Tribe, the Houlton Band of Maliseet Indians, the Mi'kmag Nation or the Penobscot 
Nation on the Iadian reservation of the within Penobscot Natieft Indian territory: 
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COMMITTEE AMENDMENT "f(" to H.P. 1287, L.D. 2007 
C. Civil actions between members of eithef the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians, the Mi'kmaq Nation or the Penobscot Nation arising eB:-the 
I»diaa reserv:ation of the within Penobscot NatieH: Indian territory and cognizable as 
small claims under the laws of the State, and civil actions against a member of eithef 
the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation 
or the Penobscot Nation under Title 22, section 23 83 involving conduct oa the Iadian 
reservation of the within Penobscot NatieH: Indian territory by a member of eithef the 
Passamaquoddy Tribe. the Houlton Band of Maliseet Indians. the Mi'kmaq Nation or 
the Penobscot Nation; 
D. Indian child custody proceedings to the extent authorized by applicable state and 
federal law; an4 
E. Other domestic relations matters, including marriage, divorce and support, between 
members of eithef the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians. 
the Mi'kmaq Nation or the Penobscot Nation, both of whom reside oa the radian 
reserv:ation of the within Penobscot "Natioa. Indian territory; and 
F. Notwithstanding any other provision of this subsection, civil and criminal actions 
regarding the enforcement of ordinances enacted pursuant to section 6207, subsection 
11, except that the Penobscot Nation may not exercise jurisdiction over a nonprofit 
public municipal corporation. 
The goveming 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, civil and domestic matters described in this subsection, the State has 
exclusive jurisdiction over those matters. Except as provided iH: paragraphs ,AL and ll, all 
laws of the State relating to erimiaal offeases and juv:eaile erimes apply within. the 
PeH:obseot Indian reseFYatioa and the State has ~lusive jurisdiotioa over those offenses 
and orin.:i.es In exercising its exclusive jurisdiction under paragraphs A and B, the Penobscot 
Nation is enforcing Penobscot tribal law. 
Sec. B-5. 30 MRSA §6209-B, sub-§1-A, as enacted by PL 2019, c. 621, Pt. C, §1 
and affected by §4, is amended to read: 
1-A. Concurrent jurisdiction over certain criminal offenses. The Penobscot Nation 
has the right to exercise jurisdiction, concurrently with the State, over the following Glass 
D erimes eommitted by a person on the :Peaobseot IB.dian R~seFYatioa or oa lands takeH: 
into trust b~• the seefetary for the benefit of the :Penobseot Na-tioa aow or in the future, for 
vlhieh the potential maximum term of imprisonment does aot ~Eeeed oB:e year and the 
poteB:tia1 fiB:e does B:ot e*eeed $2,000: Title 17 A, seotioB:s 207 A, 209 A, 210 ll, 210 C 
and 211 A and Title 19 A, seotioB: 4011. The eoB:ouffeH:t jurisdietioB: authori2led by this 
subseotioB: does B:ot inelade an offease eommitted by a ju1renile or a erimiaal offease 
eommitted by a persoB: v1ho is B:ot a member of any federally reoogB:ized IB:dian tribe, 
B:atioB:, band or other groHp against the persoa or property of a persoB: who is B:ot a member 
of any fede¼'ally reeogni2:ed lB:diaB: tribe, B:ation, band or other group. criminal offenses: 
A. Class C. D and E crimes committed within Penobscot Indian territory by an adult 
member of any federally recognized Indian tribe. nation, band or other group against a 
person who is not a member of any federally recognized Indian tribe. nation, band or 
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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: and 
B. Class C, D and E crimes committed within Penobscot Indian territory by a person 
who is not a member of any federally recognized Indian tribe, nation, band or other 
group as authorized in the federal Violence Against Women Act Reauthorization Act 
of 2022, Public Law 117-103, Division W, Title VIII, Subtitle A, Section 804, 25 
United States Code, Section 1304. Notwithstanding subsection 2, the Penobscot 
Nation may not deny to any criminal defendant prosecuted pursuant to this paragraph 
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 Congress or the State to recognize concurrent 
jurisdiction under this paragraph. 
The goy1eram.g body of the Penobscot Nation shall decide vkether to ~(ercise or term.mate 
the eKercise ofjurisdietion authori:;;r;ed by this sebsection. }fotwithstaBding subsection 2, 
the Penobscot ·Nation may not deny to any criminal defendaflt prosecl.¼ted l.¼Rder this 
sl.¼bsection the right to a jery of 12, the right to a uaanimous jury verdict, the rights and 
proteetions efll.¼merated m. 25 United States Code, Sections 1302(a), 1302(0), 1303 aBd 
1304(d) aBd all other rights vkose protection is necessary under the United States 
Constitl.¼tioa ia order for the State to al.¼thorfae concerrentjl¼Fisdiction under this sl.¼bsection. 
If a criminal defondaflt prosecl.¼ted l:lllder this sl.¼bsection mw1es to seppress statements on 
the ground that they were made inv:olmrtarily, the prosecution has the bl¼Fden to prove 
bey:ond a reasonable dol.¼bt that the statements Y.Vere made voluntarily. 
The Penobscot Nation may not deny to any criminal defendant prosecuted 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. 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. B-6. 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 Band subsection 1-A, all laws of the State relating to criminal offenses 
and juvenile crimes apply within Penobscot Indian territory and the State has exclusive 
jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 1-A, the 
State has exclusive jurisdiction over: 
A. All crimes and juvenile crimes committed within Penobscot Indian territory against 
the State or against any office, department, agency, authority, commission, board, 
institution, hospital or other instrumentality of the State, including the Maine Turnpike 
Authority, the Maine Port Authority, the Northern New England Passenger Rail 
Authority, the Maine Community College System, the Maine Veterans' Homes, the 
Maine Public Employees Retirement System, the Maine Military Authority and all 
similar state entities; and 
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COMMITTEE AMENDMENT" A" to H.P. 1287, L.D. 2007 
B, Class C, D and E crimes defined in provisions of the Maine Revised Statutes outside 
of Titles 15, 17, 17-A, 19-A and 29-A committed within Penobscot Indian territory by 
an adult member of any federally recognized Indian tribe, nation, band or other group 
that are not committed against a person or the property of a person. 
Nothing in subsection 1 or 1-A affects, alters or preempts the authority of the State to 
investigate or prosecute any conduct occurring in the State, including conduct occurring in 
Penobscot Indian territory, that is within the State's exclusive or concurrent jurisdiction. 
Sec. B-7. 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 e1£ereising its ffiEelusiv:e jurisdietion 
under subseetion 1, paragra-phs f,. and E, the Penoaseot Nation is deemed to ae enforeiag 
Penoaseot trilial la?i't. The definitions of the criminal offenses and juvenile crimes and the 
punishments applicable to those criminal offenses and juvenile crimes over which the 
Penobscot Nation has exclusive jurisdiction under this section are governed by the laws of 
the State. Issuance and execution of criminal process are also governed by the laws of the 
State. The 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. B-8. 30 MRSA §6209-B, sub-§6 is enacted to read: 
6. Full faith and credit. The State shall give full faith and credit to the judicial 
proceedings of the Penobscot Nation. The Penobscot Nation shall give full faith and credit 
to the judicial proceedings of the Passamaquoddy Tribe, the Houlton Band of Maliseet 
Indians, the Mi'kmag Nation and the State. 
Sec. B-9. 
Contingent effective date. This Part takes effect 150 days after 
adjournment of the Second Regular Session of the 131st Legislature only if, within 120 
days after adjournment of the Second Regular Session of the 131st Legislature, the 
Secretary of State receives written certification from the Chief of the Penobscot Nation, or 
the designee under the Maine Revised Statutes, Title 3, section 602, that the Penobscot 
Nation has agreed to the provisions of this Part, copies of which must be submitted by the 
Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives 
and the Revisor of Statutes. 
PARTC 
Sec. C-1. 30 MRSA §6209-C, sub-§1, as amended by PL 2023, c. 359, §12 and 
affected by § 13 and amended by c. 369, Pt. D, §6 and affected by §8, is further amended 
to read: 
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 3 
and 4, the Houlton Band ofMaliseet Indians has the right to exercise exclusive jurisdiction, 
separate and distinct from the State, over: 
A. Criminal The following criminal offenseG for whieh the m.ax.imum potential tenn. 
of imprisofll'H:ent does not ffiEeeed one year and the ma1dmum potential fine does not 
e:M:eeed $5,000 and thai are committed on Houlton Band Jurisdiction Land by a an adult 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1287, L.D. 2007 
member of any federally recognized Indian tribe, nation, band or other group, ~eept 
1.vhen eommitted against a person who is not a member of any federally reeognizied 
Indian tribe, nation, band or other grol:lf) or against the property of a person who is not 
a member of any federally reeogni>!;ed Indian tribe, nation, band or other group;~ 
(1) Class C, D and E crimes in Titles 15, 17, 17-A, 19-A and 29-A that are not 
committed against a person or the property of a person: and 
(2) Class C, D and E crimes committed against a person who is a member of any 
federally recognized Indian tribe, nation, band or other group or against the 
property of a person who is 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 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 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the Penobscot Nation or 
the Mi'kmaq Nation within Houlton Band Jurisdiction Land; 
C. Civil actions between members of the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe, the Penobscot Nation or the Mi
1kmaq Nation arising on Houlton 
Band Jurisdiction Land and cognizable as small claims under the laws of the State and 
civil actions against a member of the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe, the Penobscot Nation or the Mi1kmaq Nation under Title 22, 
section 23 83 involving conduct within Houlton Band Jurisdiction Land by a member 
of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the Penobscot 
Nation or the Mi'kmaq Nation; 
D. Indian child custody proceedings to the extent authorized by applicable state and 
federal law; 
E. Other domestic relations matters, including marriage, divorce and support, between 
members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the 
Penobscot Nation or the Mi1kmaq Nation, both of whom reside within the Houlton 
Band Jurisdiction Land; and 
F. Notwithstanding any other provision of this subsection, civil and criminal actions 
regarding the enforcement of ordinances enacted pursuant to section 6207-C, 
subsection 10, except that the Houlton Band of Maliseet Indians may not exercise 
jurisdiction over a nonprofit public municipal corporation. 
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 ofMaliseet 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 
Page IO • 131LR1184(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDJvIENT "Pc" to H.P. 1287, L.D. 2007 
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 ofMaliseet 
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 Attomey General. Thrnept as pFovided in paFagFaphs A and E, all laws of the 
State !:'elating to erimi0al offenses and jm1e0ile erimes apply within the Houkon Band TFust 
Land and the State has eiEelusP;e judsdietion o•;ef those offenses and eFimes In exercising 
0 
its exclusive jurisdiction under paragraphs A and B, the Houlton Band of Maliseet Indians 
is enforcing the tribal law of the Houlton Band ofMaliseet Indians. 
Sec. C-2. 30 MRSA §6209-C, sub-§1-C is enacted to read: 
1-C. Concurrent iurisdiction over certain criminal offenses. The Houlton Band of 
Maliseet Indians has the right to exercise jurisdiction. concurrently with the State, over the 
following criminal offenses: 
A. Class C. D and E crimes committed on Houlton Band Jurisdiction Land by an adult 
member of any federally recognized Indian tribe, nation, band or other group against a 
person who is not a member of any federally recognized Indian tribe, nation, band or 
other group or against the property of a person who is not a member of any federally 
recognized Indian tribe. nation, band or other group; and 
B. Class C. D and E crimes committed on Houlton Band Jurisdiction Land by a person 
who is not a member of any federally recognized Indian tribe. nation. band or other 
group as authorized in the federal Violence Against Women Act Reauthorization Act 
of 2022, Public Law 117-103, Division W. Title VIII, Subtitle A. Section 804, 25 
United States Code, Section 1304. Notwithstanding subsection 2, the Houlton Band of 
Maliseet Indians may not deny to any criminal defendant prosecuted pursuant to this 
paragraph the rights and protections enumerated in 25 United States Code, Sections 
1302(a). l302(c). 1303 and 1304(d) and all other rights whose protection is necessary 
under the United States Constitution in order for Congress or the State to recognize 
concurrent jurisdiction under this paragraph. 
The Houlton Band of Maliseet Indians may not deny to any criminal defendant prosecuted 
for a Class C crime the rights and protections enumerated in 25 United States Code, Section 
1302(c). 
The goveming body of the Houlton Band of Maliseet Indians shall decide whether to 
5 
exercise or terminate the exercise of jurisdiction authorized by this subsection. In 
6 
exercising the concurrent jurisdiction authorized by this subsection, the Houlton Band of 
Maliseet Indians is enforcing the tribal law of the Houlton Band ofMaliseet Indians. 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. 
Sec. C-3. 30 MRSA §6209-C, sub-§1-D is enacted to read: 
1-D. Exclusive iurisdiction of the State. Except as provided in subsection 1, 
paragraphs A and B and subsection 1-C, all laws of the State relating to criminal offenses 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1287, L.D. 2007 
and juvenile crimes apply within Houlton Band Trust Land and the State has exclusive 
jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 1-C. the 
State has exclusive jurisdiction over: 
A. All crimes and juvenile crimes committed on Houlton Band Jurisdiction Land 
against the State or against any office, department, agency, authority, commission, 
board, institution. hospital or other instrumentality of the State, including the Maine 
Turnpike Authority, the Maine Port Authority, the Northern New England Passenger 
Rail Authority, the Maine Community College System, the Maine Veterans' Homes, 
the Maine Public Employees Retirement System, the Maine Military Authority and all 
similar state entities; and 
B. Class C, D and E crimes defined in provisions of the Maine Revised Statutes outside 
of Titles 15, 17, 17-A. 19-A and 29-A committed on Houlton Band Jurisdiction Land 
by an adult member of any federally recognized Indian tribe, nation, band or other 
group that are not committed against a person or the property of a person. 
Nothing in subsection 1 or 1-C affects, alters or preempts the authority of the State to 
investigate or prosecute any conduct occurring in the State, including conduct occurring on 
Houlton Band Trust Land, that is within the State's exclusive or concurrent jurisdiction. 
Sec. C-4. 30 MRSA §6209-C, sub-§2, as enacted by PL 2009, c. 384, Pt. B, §1 
and affected by §2, is amended to read: 
2. Definitions of crimes; tribal procedures. lH e*ercising its e*clusive jurisdiction 
under subsection 1, pai'agraphs A and B, the Houlton Band ofMaliseet lHdians is deemed 
to be enforcing tribal lav,r of the Houlton Band ofMaliseet Indians. The definitions of the 
criminal offenses and juvenile crimes and the punishments applicable to those criminal 
offenses and juvenile crimes over which the Houlton Band of Maliseet Indians has 
exclusive jurisdiction under this section are governed by the laws of the State. Issuance and 
execution of criminal process are also governed by the laws of the State. The 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 
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. 
Sec, C-5. 
Contingent effective date. This Part takes effect 150 days after 
adjournment of the Second Regular Session of the 131st Legislature only if, within 120 
days after adjournment of the Second Regular Session of the 131st Legislature, the 
Secretary of State receives written certification from the Chief of the Houlton Band of 
Maliseet Indians, or the designee under the Maine Revised Statutes, Title 3, section 602, 
that the Houlton Band of Maliseet Indians has agreed to the provisions of this Part, copies 
of which must be submitted by the Secretary of State to the Secretary of the Senate, the 
Clerk of the House of Representatives 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 Part regarding or affecting the Houlton Band of Maliseet Indians and its 
tribal members and lands constitutes a jurisdictional agreement for purposes of the federal 
Maine Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(2). Such 
written certification by the Houlton Band Council of the Houlton Band of Maliseet Indians 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT "A "to H.P. 1287, L.D. 2007 
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. 
PARTD 
Sec. D-1. 30 MRSA §7203, sub-§7, as enacted by PL 1989, c, 148, §§3 and 4 and 
affected by PL 2023, c. 369, Pt. A, §§2 and 5, is repealed. 
Sec. D-2. 30 MRSA §7208, sub-§1, as enacted by PL 1989, c. 148, §§3 and 4 and 
affected by PL 2023, c. 369, Pt. A, §§2 and 5, is amended to read: 
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 5 
and 6, the Mi'kmaq Nation has the right to exercise exclusive jurisdiction, separate and 
distinct from the State, over: 
A. Criminal The following criminal offenses for 1.vhieh the maximum poteRtial term 
of imprisonmeflt is less thafl. oae year aad the ma:idmum potential fine does not e:x:.eeed 
$5,000 and that are committed on Mi'kmaq Nation Jurisdiction Land by a an adult 
member of any federally recognized Indian tribe, nation, band or other group, e:1~eept 
·,vhen eommitted against a person vtho is Bot a member of afl.Y federally reeogni2:ed 
Indiafl. tribe, natioa, band or other group or agaiast the property of a persoB vtho is not 
a member of afl.)' federally reeogBi2:ed Iadiafl. tribe, nation, bafl.d or other group;,;_ 
(l) Class C. D and E crimes in Titles 15. 17, 17-A. 19-A and 29-A that are not 
committed against a person or the property of a person; and 
(2) Class C, D and E crimes committed against a person who is a member of any 
federally recognized Indian tribe, nation, band or other group or against the 
property of a person who is a member of any federally recognized Indian tribe. 
nation, band or other group. 
The Mi'kmaq Nation may not deny to any criminal defendant prosecuted 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 Mi'kmaq 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 the Mi'kmaq Nation, the 
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation 
within Mi'kmaq Nation Jurisdiction Land; 
C. Civil actions between members of the Mi'kmaq Nation, the Passamaquoddy Tribe, 
the Houlton Band of Maliseet Indians or the Penobscot Nation arising on Mi'kmaq 
Nation Jurisdiction Land and cognizable as small claims under the laws of the State 
and civil actions against a member of the Mi'kmaq Nation, the Passamaquoddy Tribe, 
the Houlton Band ofMaliseet Indians or the Penobscot Nation under Title 22, section 
2383 involving conduct within Mi'kmaq Nation Jurisdiction Land by a member of the 
Mi'kmaq Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or 
the Penobscot Nation; 
D, Indian child custody proceedings to the extent authorized by applicable state and 
federal law; 
E. Other domestic relations matters, including marriage, divorce and support, between 
members of the Mi'kmaq Nation, the Passamaquoddy Tribe, the Houlton Band of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "f+ "to H.P. 1287, L.D. 2007 
Maliseet Indians or the Penobscot Nation, both of whom reside within Mi'kmaq Nation 
Jurisdiction Land; and 
F. Notwithstanding any other provision of this subsection, civil and criminal actions 
regarding the enforcement of ordinances enacted pursuant to section 7206, subsection 
8, except that the Mi
1kmaq Nation may not exercise jurisdiction over a nonprofit public 
municipal corporation. 
The governing body of the Mi'kmaq Nation 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 F may be made separately. Until the 
Mi'kmaq Nation notifies the Attorney General that the nation 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 Mi
1kmaq Nation chooses not to 
exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, 
civil and domestic matters described in this subsection, the State has exclusive jurisdiction 
over those matters. When the Mi'kmaq Nation chooses to reassert the exercise of exclusive 
jurisdiction over any or all of the areas under paragraphs A to F, the nation must first 
provide 30 days' notice to the Attorney General. :&wept as prn•1idod m. paragrl¼}3hs A and 
ll, a.U laws of the State relatm.g to oriminal offenses and jlwenile orimes apply within 
Mi'kmaq Nation Jurisdiotion Land and the State has ffiiolusiye jurisdiotion o•ter those 
offenses and orimes In exercising its exclusive jurisdiction under paragraphs A and B. the 
Mi'kmaq Nation is enforcing Mi'kmaq tribal law. 
Sec. D-3. 30 MRSA §7208, sub-§2, as enacted by PL 1989, c. 148, §§3 and 4 and 
affected by PL 2023, c. 369, Pt. A, §§2 and 5, is amended to read: 
2, Concurrent jurisdiction over certain criminal offenses. The Mi'kmaq Nation 
has the right to exercise jurisdiction, concurrently with the State, over the following Glas& 
D orimes oomR½itted ~ a persoR withiH Mi'kmaq WatioH Jurisdiotion LaRd or on lands 
taken m.to trust by the seorotary for the benefit of the }.fi'kmaq Nati.ea, aow or in the future, 
for v,1hioh the poteR-tial mro(imum term of imprisoRment does aot e*oeed ORO year and the 
potential fiae does aot e.weed $2,000: Ti-tle 17 A, seotioas 207 },., 209 A, 210 ll, 210 C 
and 211 } .. and Title 19 /',., seotioa 4011. The ooaourreR-t jurisdiotioa authori.i!ied b;• this 
su-bseotioa does aot iHolude an offeB.se oommitted ~ a juveaile or a oriminal offease 
oommitted by a persoa who is aot a member of a.a;• federally rooogafaod fodian tribe, 
HatioH, band or other group agam.st the persoH or property of a persoH who is aot a member 
of aay federally reoogai2:ed fudian tribe, Hatioa, band or other group. criminal offenses: 
A. Class C, D and E crimes committed on Mi'kmaq Nation Jurisdiction Land by an 
adult member of any federally recognized Indian tribe. nation. band or other group 
against a person who is not a member of any federally recognized Indian tribe. nation. 
band or other group or against the property of a person who is not a member of any 
federally recognized Indian tribe, nation. band or other group: and 
B. Class C, D and E crimes committed on Mi'kmaq Nation Jurisdiction Land by a 
person who is not a member of any federally recognized Indian tribe. nation, band or 
other group as authorized in the federal Violence Against Women Act Reauthorization 
Act of 2022, Public Law 117-103, Division W, Title VIII, Subtitle A, Section 804, 25 
United States Code. Section 1304. Notwithstanding subsection 3, the Mi'kmaq Nation 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ''A "to H.P. 1287, L.D. 2007 
may not deny to any criminal defendant prosecuted pursuant to this paragraph the rights 
and protections enumerated in 25 United States Code. Sections 1302(a). l302(c), 1303 
and 1304(d) and all other rights whose protection is necessary under the United States 
Constitution in order for Congress or the State to recognize concurrent jurisdiction 
under this paragraph. 
The gov:ernieg bod;' of the Mi'kmaq }tatioR shall decide vrhstlt.eF to ~eroise or terminate 
the ~.eroise of jurisdiotioR authorii;ed by this subseotioa. NotwithstaH:ding subseotioa 3, 
the Mi'kmaq }fotioR may Rot deey to aR)' orimiaal defeH:daRt prosecuted UH:der this 
subseotioe the right to a jmy of 12, the right to a ueaaimous jury verdict, the rights aRd 
proteotioas eeumerated in 25 Ueited States Code, Seotioas 1302(a), 1302(0), 1303 and 
1304(d) aRd all otheF rights whose proteotioa is eeoessary ueder the URited States 
Coastitutioe ie order for the State to authori2\e ooeouneetjurisdiotioa uader this subseotioe. 
If a criminal de:feedaet prosecuted uader this subseotioR moves to suppress statemeets 00 
the groURd that they vi10Fe made itwoluetarily, the proseoutioa has the burdeR to pro•,re 
beyoad a reasoaable doubt that the statemeets were made •i1olu0tarily. 
The Mi'kmaq Nation may not deny to any criminal defendant prosecuted for a Class C 
crime the rights and protections enumerated in 25 United States Code. Section 1302(c). 
The governing body of the Mi'kmaq Nation shall decide whether to exercise or terminate 
the exercise of jurisdiction authorized by this subsection. In exercising the concurrent 
jurisdiction authorized by this subsection, the Mi'kmaq Nation is deemed to be enforcing 
Mi'kmaq tribal law. The definitions of the criminal offenses and the punishments applicable 
to those criminal offenses over which the Mi'kmaq 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. D-4. 30 MRSA §7208, sub-§2-A is enacted to read: 
2-A. Exclusive jurisdiction of the State. Except as provided in subsection 1, 
paragraphs A and B and subsection 2. all laws of the State relating to criminal offenses and 
juvenile crimes apply within Mi'kmaq Nation Trust Land and the State has exclusive 
jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 2. the State 
has exclusive jurisdiction over: 
A. All crimes and juvenile crimes committed on Mi'kmaq Nation Jurisdiction Land 
against the State or against any office. department, agency. authority. commission. 
board, institution. hospital or other instrumentality of the State. including the Maine 
Turnpike Authority, the Maine Port Authority. the Northern New England Passenger 
Rail Authority, the Maine Community College System. the Maine Veterans' Homes. 
the Maine Public Employees Retirement System, the Maine Military Authority and all 
7 
similar state entities; and 
8 
B. Class C. D and E crimes defined in provisions of the Maine Revised Statutes outside 
ofTitles 15, 17.17-A.19-Aand29-AcommittedonMi'kmaqNationJurisdictionLand 
by an adult member of any federally recognized Indian tribe, nation, band or other 
group that are not committed against a person or the property of a person. 
Nothing in subsection 1 or 2 affects. alters or preempts the authority of the State to 
investigate or prosecute any conduct occurring in the State, including conduct occurring on 
Mi'kmaq Nation Trust Land, that is within the State's exclusive or concurrent jurisdiction. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" Pr" to H.P. 1287, L.D. 2007 
Sec. D-5. 30 MRSA §7208, sub-§3, as enacted by PL 1989, c. 148, §§3 and 4 and 
affected by PL 2023, c. 369, Pt. A, §§2 and 5, is amended to read: 
3. Definitions of crimes; tribal procedures, In e1~eising its e1rol-ush<e jufisdietim1 
under subseetion 1, paragraphs ,A,. and B, the Mi'kmaq Nation is deemed to be eaforeing 
Mi'kmaq tribal law. The definitions of the criminal offenses and juvenile crimes and the 
punishments applicable to those criminal offenses and juvenile crimes over which the 
Mi'kmaq 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. D-6. 
Contingent effective date. This Part takes effect 150 days after 
adjournment of the Second Regular Session of the 131st Legislature only if, within 120 
days after adjournment of the Second Regular Session of the 131st Legislature, the 
Secretary of State receives written certification from the Chief of the Mi'kmaq Nation, or 
the designee under the Maine Revised Statutes, Title 3, section 603, that the Mi'kmaq 
Nation has agreed to the provisions of this Part, copies of which must be submitted by the 
Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives 
and the Revisor of Statutes. 
PARTE 
Sec. E-1. 30 MRSA §6206, sub-§3, as corrected by RR 2019, c. 2, Pt. A, §30, is 
amended to read: 
3. Ordinances. The Passamaquoddy Tribe and the Penobscot Nation each has the 
right to exercise exclusive jurisdiction within its respective Indian territory over violations 
by members of either tribe or nation any federally recognized Indian tribe, nation, band or 
other group of tribal ordinances adopted pursuant to this section or section 6207. The 
decision to exercise or terminate the jurisdiction authorized by this section must be made 
by each tribal governing body. If either tribe or nation chooses not to exercise, or to 
terminate its exercise of, jurisdiction as authorized by this section or section 6207, the State 
has exclusive jurisdiction over violations of tribal ordinances by members of either tribe or 
natiea any federally recognized Indian tribe, nation, band or other group within the Indian 
territory of that tribe or nation. The State has exclusive jurisdiction over violations of tribal 
ordinances by persons not members of either tribe or nation any federally recognized Indian 
tribe, nation. band or other group except as provided in the section or sections referenced 
in the following: 
A. Section 6209-A. 
B. Section 6209-B. 
Sec. E-2. 30 MRSA §6210, sub-§1, as amended by PL 1995, c. 388, §7 and 
affected by §8, is repealed and the following enacted in its place: 
1. Exclusive authority of tribal law enforcement officers. Law enforcement officers 
appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive authority 
to enforce: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/Jr "to H.P. 1287, L,D, 2007 
A. Within their respective Indian territories, ordinances adopted under section 6206 
and section 6207, subsections L 10 and 11: 
B. On their respective Indian reservations, the criminal, juvenile. civil and domestic 
relations laws over which the Passamaquoddy Tribe or the Penobscot Nation have 
jurisdiction under section 6209-A, subsection 1 and section 6209-B. subsection 1, 
respectively: and 
C. Within their respective Indian territories, the civil and domestic relations laws over 
which the Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under 
section 6209-A, subsection 1, paragraphs C to F and section 6209-B, subsection 1. 
paragraphs C to F, respectively. 
Sec. E-3. 30 MRSA §6210, sub-§2, as amended by PL 1995, c. 388, §7 and 
affected by §8, is repealed and the following enacted in its place: 
2. Joint authority of tribal and state law enforcement officers. Law enforcement 
officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have the 
authority within their respective Indian territories and state and county law enforcement 
officers have the authority within both Indian territories to enforce: 
A. Rules or regulations adopted by the commission under section 6207. subsection 3: 
and 
B. All laws of the State other than those over which law enforcement officers 
appointed by the Passamaquoddy Tribe or the Penobscot Nation have exclusive 
jurisdiction under subsection 1. 
Sec. E-4. 30 MRSA §6210, sub-§3, as amended by PL 1995, c. 388, §7 and 
affected by §8, is further amended to read: 
3. Agreements for cooperation and mutual aid. This section does not pfe•,zeftt 
impact existing agreements for cooperation and mutual aid between the Passamaquoddy 
Tribe or the Penobscot Nation and any state, county or local law enforcement agency or 
prevent the Passamaquoddy Tribe or the Penobscot Nation and any state. county or local 
law enforcement agency from entering into future agreements for cooperation and mutual 
aid. 
Sec. E-5. 
Contingent effective date. This Part takes effect 150 days after 
adjournment of the Second Regular Session of the 131st Legislature only if, within 120 
days after adjournment of the Second Regular Session of the 131st Legislature, the 
Secretary of State receives written certification from the Chief of the Penobscot Nation, or 
the designee under the Maine Revised Statutes, Title 3, section 602, that the nation has 
agreed to the provisions of this Part and from the Chief of the Passamaquoddy Tribe at 
Sipayik and the Chief of the Passamaquoddy Tribe at Motahkomikuk, or the designee under 
Title 3, section 602, that the Passamaquoddy Tribe has agreed to the provisions of this Part, 
copies of which must be submitted by the Secretary of State to the Secretary of the Senate, 
the Clerk of the House of Representatives and the Revisor of Statutes.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to H.P. 1287, L.D. 2007 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, which 
is a concept draft, and changes the title. Parts A, B, C and D of the amendment amend the 
provisions of An Act to Implement the Maine Indian Claims Settlement, commonly known 
as "the Maine Implementing Act," and the provisions of the Mi'kmaq Nation Restoration 
Act to adopt most of federal Indian law related to the criminal jurisdiction of tribal courts, 
including the Indian Civil Rights Act of 1968, the Tribal Law and Order Act of 2010 and 
the tribal provisions of the Violence Against Women Act Reauthorization Act of 2022. 
The amendment affects the jurisdiction of the Passamaquoddy Tribal Court, the Penobscot 
Nation Tribal Court and the Houlton Band ofMaliseet Indians Tribal Court as well as the 
potential criminal jurisdiction of the Mi'kmaq Nation Tribal Court, collectively referred to 
in this summary as "the tribal courts of the Wabanaki Nations." More specifically, Parts 
A, B, C and D of the amendment: 
1. Recognize the exclusive jurisdiction of the tribal courts of the Wabanaki Nations 
over Class C, D and E crimes committed within the relevant Wabanaki Nation's respective 
Indian territory or jurisdiction land by an adult member of a federally recognized Indian 
tribe if those crimes: 
A. Are defined in the Maine Revised Statutes, Title 15, 17, 17-A, 19-A or 29-A and 
are not committed against a person or the property of a person; or 
B. Are defined in any Title of the Maine Revised Statutes and are committed against 
a person or the property of a person who is a member of any federally recognized Indian 
tribe; 
2. Recognize the concurrent jurisdiction of the State and of the tribal courts of the 
Wabanaki Nations over Class C, D and E crimes committed within the relevant Wabanaki 
Nation's respective Indian territory or jurisdiction land: 
A. By an adult member of a federally recognized Indian tribe against a person or the 
property of a person who is not a member of any federally recognized Indian tribe; or 
B. By a person who is not a member of any federally recognized Indian tribe against 
a member of any federally recognized Indian tribe as authorized in the federal Violence 
Against Women Act Reauthorization Act of 2022. When exercising this concurrent 
criminal jurisdiction, the tribal courts of the Wabanaki Nations may not deny to a 
defendant the 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 Congress or the State to recognize the tribal 
court's concurrent jurisdiction; 
3. Provide that the tribal courts of the Wabanaki Nations may not deny to any criminal 
defendant prosecuted for a Class C crime the rights and protections enumerated in 25 
United States Code, Section l302(c), including the requirement that the judge presiding 
over the criminal proceeding is licensed to practice law and has sufficient legal training; 
the right to the effective assistance of counsel; the right to the appointment of licensed 
counsel at the expense of the tribal government if the defendant is indigent; the right to 
advance notice of all criminal laws and applicable court rnles of the tribal government; and 
the right to have the criminal proceeding recorded; 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "Pr" to H.P. 1287, L.D. 2007 
4. Retain the provisions of current law directing that, when the tribal courts of the 
Wabanaki Nations exercise exclusive or concurrent criminal jurisdiction, the definitions of 
the crimes and the punishments applicable to those crimes are governed by state law but 
clarify that, in doing so, the tribal courts of the Wabanaki Nations are nevertheless 
enforcing their respective tribal law. It also retains the provisions of current law directing 
that the provisions of25 United States Code, Sections 1301 to 1303 and rules or regulations 
generally applicable to the exercise of criminal jurisdiction by Indian tribes apply when the 
tribal courts of the Wabanaki Nations exercise exclusive or concurrent criminal 
jurisdiction; 
5. Recognize the exclusive jurisdiction of the State over all crimes and juvenile crimes 
not within the exclusive or concurrent jurisdiction of the tribal courts of the Wabanaki 
Nations that are committed on Indian territory or jurisdiction land, including: 
A. Notwithstanding any provision oflaw to the contrary, all crimes and juvenile crimes 
against the State or any office, department, agency, authority, commission, board, 
institution, hospital or other instrumentality of the State; and 
B. All Class C, D and E crimes defined in provisions of the Maine Revised Statutes 
outside of Titles 15, 17, 17-A, 19-A and 29-A committed by an adult member of any 
federally recognized Indian tribe that are not committed against a person or the property 
of a person; and 
6. Clarify that nothing within the Maine Implementing Act or the Mi'kmaq Nation 
Restoration Act affects, alters or preempts the authority of the State to investigate or 
prosecute any conduct occurring on Indian territory or trust land that is within the State's 
exclusive or concurrent jurisdiction. 
Part B of the amendment also amends the provisions of the Maine Implementing Act 
governing the jurisdictional relationship between the State and the Penobscot Nation that 
were included within Part C of Public Law 2023, chapter 369, but that were not approved 
by the Penobscot Nation within the time frame established in Part C, section 6 of that law. 
These provisions of Part B of the amendment: 
1. Recognize the exclusive authority of the Penobscot Nation in Penobscot Indian 
territory to enact ordinances regulating drinking water unless the nation exercises its 
discretion to enter into an intergovernmental agreement authorizing the State to exercise 
concurrent jurisdiction over specific drinking water-related issues. It also prohibits the 
State from exercising primary enforcement authority to implement the federal Safe 
Drinking Water Act within Penobscot Indian territory and recognizes the authority of the 
Penobscot Nation to seek to be treated as a state and to obtain primary enforcement 
authority to implement the federal Safe Drinking Water Act within Penobscot Indian 
territory; 
2. Provide that the exclusive jurisdiction of the Penobscot Nation Tribal Court over 
certain criminal offenses, juvenile crimes, small claims and civil drug possession actions 
arising within the Penobscot Indian reservation under current law extends to those same 
types of criminal offenses, juvenile crimes, small claims and civil drug possession actions 
arising within all of Penobscot Indian territory. To the extent that the Penobscot Nation 
Tribal Court has exclusive jurisdiction over members of the Passamaquoddy Tribe or the 
Penobscot Nation under these provisions, it extends that exclusive jurisdiction to members 
of any of the Wabanaki Nations. It also provides that the exclusive jurisdiction of the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'Pr" to H.P. 1287, L.D. 2007 
Penobscot Nation Tribal Court over domestic relations matters between members of the 
Passamaquoddy Tribe and the Penobscot Nation, both of whom reside on the Penobscot 
Indian reservation, extends to the same types of domestic relations matters arising between 
members of any of the Wabanaki Nations, both of whom reside within Passamaquoddy 
Indian territory. The amendment further recognizes the exclusive authority of the 
Penobscot Nation Tribal Court to enforce any drinking water ordinances adopted by the 
nation for Penobscot Indian territory, except that the nation may not exercise jurisdiction 
over a nonprofit public municipal corporation; and 
3. Clarify within the Maine Implementing Act that the State must give full faith and 
credit to the judicial proceedings of the Penobscot Nation and that the Penobscot Nation 
must give full faith and credit to the judicial proceedings of the Passamaquoddy Tribe, the 
Houlton Band ofMaliseet Indians, the Mi'kmaq Nation and the State. 
Part E of the amendment also amends the provisions of the Maine Implementing Act 
governing the jurisdictional relationship between the State and both the Passamaquoddy 
Tribe and the Penobscot Nation that were included within Part E of Public Law 2023, 
chapter 369, but that were not approved by the Penobscot Nation within the time frame 
established in Patt E, section 5 of that law. These provisions of Part E of the amendment: 
1. 
Provide that the Passamaquoddy Tribe and the Penobscot Nation each have 
exclusive jurisdiction within their respective Indian territory over violations of their 
respective tribal ordinances by members of any federally recognized Indian tribe, but that 
the State has exclusive jurisdiction within Passamaquoddy Indian territory and Penobscot 
Indian territory over violations of applicable tribal ordinances by persons who are not 
members of any federally recognized Indian tribe; and 
2. Provide that law enforcement officers appointed by the Passamaquoddy Tribe and 
the Penobscot Nation have exclusive authority to enforce, within their respective Indian 
territories, civil and domestic relations laws over which the Passamaquoddy Tribal Court 
and the Penobscot Nation Tribal Court have exclusive jurisdiction, respectively. Law 
enforcement officers appointed by the Passamaquoddy Tribe and the Penobscot Nation also 
have exclusive authority to enforce, on their respective Indian reservations, the criminal 
and juvenile offenses over which the Passamaquoddy Tribal Court and the Penobscot 
Nation Tribal Court have exclusive jurisdiction, respectively. State and county law 
enforcement officers have concurrent authority with law enforcement officers appointed 
by the Passamaquoddy Tribe and the Penobscot Nation to enforce all other laws of the State 
within both Indian territories and concurrent authority to enforce fishing rules or 
regulations adopted by the Maine Indian Tribal-State Commission. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/24 ~ae 
LD 2007 
LR 1184(02) 
An Act to Advance Self-determination for Wabanaki Nations 
Fiscal Note for Bill as Amended by Committee Amendment 'Pr' LJ+_.qlt>J 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Minor revenue decrease - Other Special Revenue Funds 
~orrectional and Judicial Impact Statements 
There may be some minor reduction of workload associated with the minimal number of cases that will no longer be 
filed in the cou1i system, Reductions in the collection of fines will decrease General Fund or other dedicated revenue 
by minor amounts, 
LRl 184(02) - Fiscal Note - Page 1 of I