An Act to Prohibit
Maine Legislature, Session 132, LD 0958
Committee Amendment CA_A_H679 (House)
Amends: 30 MRSA §6205, 30 MRSA §6205-B

COMMITTEE AMENDMENT "~' to H.P. 617, L.D. 958, "An Act to Prohibit 
Eminent Domain on Tribal Lands" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Prohibit Eminent Domain on Existing Tribal Trust Lands' 
Amend the bill in Part A by striking out all of section 1 and inserting the following: 
'Sec. A-1. 30 MRSA §6205, as amended by PL 2021, c. 650, §§2 to 4 and affected 
by §13, is further amended to read: 
§6205, Indian territory 
1,, Passamaquoddy Indian territory. Subject to subsections 3,-4 and 5, the following 
lands within the State are known as ~the .!!Passamaquoddy Indian te1Titory+
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A. The Passamaquoddy Indian Reservation; 
B. The first 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe from the following areas or lands to the extent that those lands 
are not held in common with any other person or entity and are ce1tified by the secretary 
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 p01tion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle 
Company located in T.9, S.D.; any p01tion ofT.24, M.D.B.P.P.; the lands ofBe1tram 
C. Tackeff or No1theastern Bluebe1ry Company, Inc. in T.19, M.D.B.P.P.; any po1tion 
of T.2, R.8, N.W.P.; any p01tion 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 p01tion of T.3, R.l, N.B.P.P.; any p01tion of T.3, N.D.; any 
po1tion ofT.4, N.D.; any p01tion ofT.39, M.D.; any po1tion ofT.40, M.D.; any p01tion 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A: to H.P. 617, L.D. 958 
of T.41, M.D.; any portion ofT.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; 
C. Any land not exceeding 100 acres in the City of Calais acquired by the secretary 
for the benefit of the Passamaquoddy Tribe as long as the land is not held in common 
with any other person or entity and is certified by the secretary as held for the benefit 
of the Passamaquoddy Tribe, if: 
(1) The acquisition of the land by the tribe is approved by the 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 
couit to negotiate such a compact; 
D. All land acquired by the secretary for the benefit of the Passamaquoddy Tribe in T. 
19, M.D. to the extent that the land is not held in common with any other person or 
entity and is ce1tified by the secretary as held for the benefit of the Passamaquoddy 
Tribe; 
D-1. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville consisting of Parcels A, B and C conveyed by Bertram C. Tackeff to the 
Passamaquoddy Tribe by quitclaim deed dated July 27, 1981, recorded in the 
Washington County Registry of Deeds in Book 1147, Page 251, to the extent that the 
land is not held in common with any other person or entity and is ce1tified by the 
secretary as held for the benefit of the Passamaquoddy Tribe; 
D-2. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville conveyed by Be1tram C. Tackeffto the Passamaquoddy Tribe by quitclaim 
deed dated May 4, 1982, recorded in the Washington County Registry of Deeds in 
Book 1178, Page 35, to the extent that the land is not held in common with any other 
person or entity and is certified by the secretary as held for the benefit of the 
Passamaquoddy Tribe; 
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 Registly of Deeds in Book 2624, Page 301, 
to the extent that the land is not held in common with any other person or entity and is 
ce1tified by the secreta1y as held for the benefit of the Passamaquoddy Tribe; and 
F. Land acquired by the secretaty for the benefit of the Passamaquoddy Tribe in Peny 
consisting of: 
( 1) Land conveyed by Denise E. Plouffe to the Passamaquoddy Tribe by quitclaim 
deed dated October 5, 2017, recorded in the Washington County Registry of Deeds 
in Book 4403, Pages 18 and 19; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 617, L.D. 958 
(2) Land conveyed by Austin Humphries to the Passamaquoddy Tribe by deed 
dated November 18, 1983, recorded in the Washington County Registry of Deeds 
in Book 1252, Pages 93 to 95. 
Notwithstanding subsection 5 and any other provision of this Act to the contrary, the 
addition of land to the Passamaquoddy Indian territory pursuant to this paragraph is not 
subject to approval by any city, town, village or plantation within the State. 
2. Penobscot Indian territory. Subject to subsections 3,4 and 5, the following lands 
within the State shall be are known as ~the !.!.Penobscot Indian territory+"~ 
A. The Penobscot Indian Reservation; and 
B. The first 150,000 acres of land acquired by the secretary for the benefit of the 
Penobscot Nation from the following areas or lands to the extent that those lands are 
not held in common with any other person or entity and are ce1tified by the secreta1y 
as held for the Penobscot Nation: 
The lands of Great No1thern 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 Ba1tlett), 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 p01tion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle 
Company located in T.9, S.D.; any portion ofT.24, M.D.B.P.P.; the lands of Be1tram 
C. Tackeff or N01theastern Bluebeny Company, Inc. in T.19, M.D.B.P.P.; any p01tion 
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 po1tion of T.3, N.D.; any 
p01tion ofT.4, N.D.; any p01tion ofT.39, M.D.; any portion ofT.40, M.D.; any po1tion 
of T.41, M.D.; any p01tion of T.42, M.D.B.P.P.; the lands of Diamond International 
Corporation, International Paper Company and Lincoln Pulp and Paper Company 
located in Argyle; any land acquired in Williamsburg T.6, R.8, N.W.P.; any 300 acres 
in Old Town mutually agreed upon by the City of Old Town and the Penobscot Nation 
Tribal Government; any lands in Lakeville acquired by the Penobscot Nation; and all 
the prope1ty acquired by the Penobscot Indian Nation from Herbe1t C. Haynes, Jr., 
Herbe1t C. Haynes, Inc. and Five Islands Land Corporation located in Township 1, 
Range 6 W.E.L.S. 
3. Taldngs under the laws of the State. Except as provided in subsection 3-A. this 
subsection governs the taking of land for public uses under the laws of the State within 
either the Passamaquoddy Indian territ01y or the Penobscot Indian territozy. 
A. Prior to any taking of land for public uses within either the Passamaquoddy Indian 
Reservation or the Penobscot Indian Reservation, the public entity propos_ing the 
taking, or, in the event of a taking proposed by a public utility, the Public Utilities 
Commission, shall be!§ required to find that there is no reasonably feasible alternative 
to the proposed taking. In making this finding, the public entity or the Public Utilities 
Commission shall compare the cost, technical feasibility, and environmental and social 
impact of the available alternatives, if any, with the cost, technical feasibility and 
environmental and social impact of the proposed taking. Prior to making this finding, 
the public entity or Public Utilities Commission, after notice to the affected tribe or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /Jf-to H.P. 617, L.D. 958 
nation, shall conduct a public hearing in the manner provided by the Maine 
Administrative Procedure Act, on the affected Indian reservation. The finding of the 
public entity or Public Utilities Commission may be appealed to the Maine Superior 
Comt. 
In the event of a taking of land for public uses within the Passamaquoddy Indian 
Reservation or the Penobscot Indian Reservation, the public entity or public utility 
making the taking shall, at the election of the affected tribe or nation, and with respect 
to individually allotted lands, at the election of the affected allottee or allottees, acquire 
by purchase or otherwise for the respective tribe, nation, allottee or allottees a parcel 
or parcels of land equal in value to that taken; contiguous to the affected Indian 
reservation; and as nearly adjacent to the parcel taken as practicable. The land so 
acquired shall must, upon written certification to the Secreta1y of State by the public 
entity or public utility acquiring such land describing the location and boundaries 
thereof, be included within the Indian Reservation of the affected tribe or nation 
without fmther approval of the State. For purposes of this section, land along and 
adjacent to the Penobscot River shall be is deemed to be contiguous to the Penobscot 
Indian Reservation, The acquisition of land for the Passamaquoddy Tribe or the 
Penobscot Nation or any allottee under this subsection shall be full compensation for 
any such taking. If the affected tribe, nation, allottee or allottees elect not to have a 
substitute parcel acquired in accordance with this subsection, the moneys money 
received for such taking shall must be reinvested in accordance with the provisions of 
paragraph B. 
B. If land within either the Passamaquoddy Indian Territory or the Penobscot Indian 
Tenitory but not within either the Passamaquoddy Indian Reservation or the Penobscot 
Indian Reservation is taken for public uses in accordance with the laws of the Statel. the 
money received for said that land shall must be reinvested in other lands within 2 years 
of the date on which the money is received. To the extent that any moneys money 
received aFe i§. so reinvested in land with an area not greater than the area of the land 
taken and located within an unorganized or unincorporated area of the State, the lands 
so acquired by such reinvestment shall be included within the respective Indian 
territory without fmther approval of the State. To the extent that any moneys money 
received aFe i§. so reinvested in land with an area greater than the area of the land taken 
and located within an unorganized or unincorporated area of the State, the respective 
tribe or nation shall designate, within 3 0 days of such reinvestment, that p01tion of the 
land acquired by such reinvestment, not to exceed the area taken, which shall be 
included within the respective Indian tenitory, No land Land acquired pursuant to this 
paragraph shall may not be included within either Indian Territory until the Secreta1y 
oflnterior has certified, in writing, to the Secretary of State the location and boundaries 
of the land acquired. 
3-A. 
Taking under the laws of the State prohibited. 
Land within the 
Passamaquoddy Indian territo1y on the effective date of this subsection and land within the 
Penobscot Indian territory on the effective date of this subsection may not be taken for 
public uses under the laws of the State, 
4. Taking umleF the laws of the Thlited States. In the event of a taking of land within 
the Passamaquoddy Indian territory or the Penobscot Indian teffitory for public uses in 
accordance 'i't'ith the laws of the United States and the reinvestment of the moneys received 
COMMITTEE AMENDMENT 
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,;:;.i 
COMMITTEE AMENDMENT ''A' to H.P. 617, L,D, 958 
from such taking within 2 years of the date oa which the moneys are received, the status of 
the lands acquired by such reiavestmeat shall be determined in accordaace with subsectioa 
3, paragraph B. 
5. Limitations. No laads Lands held or acquired by or in trust for the Passamaquoddy 
Tribe or the Penobscot Nation, other than those described in subsections 1, 2, and 3 and-4, 
shall may not be included within or added to the Passamaquoddy Indian ten-itory or the 
Penobscot Indian territory except upon recommendation of the commission and approval 
of the State to be given in the manner required for the enactment of laws by the Legislature 
and Governor of Maiae, provided, hov,•ever, except that BB lands within any city, town, 
village or plantation shall may not be added to either the Passamaquoddy Indian territory 
or the Penobscot Indian territory without approval of the legislative body of said the city, 
town, village or plantation in addition to the approval of the State. 
Any lands within the Passamaquoddy Indian ten-itory or the Penobscot Indian ten-itory, the 
fee to which is transferred to any person who is not a member of the respective tribe or 
nation,-shall cease to constitute a portion of Indian territory and 5hald- revert to its the lands' 
status prior to the inclusion thereof within Indian territory.' 
Amend the bill in Part A by striking out all of section 2 and inserting the following: 
'Sec. A-2. 
Contingent effective date. This Patt takes effect 150 days after 
adjournment of the First Special Session of the 132nd Legislature only if, within 120 days 
after adjournment of the First Special Session of the 132nd Legislature, the Secretary of 
State receives written cettification 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 Pait and 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 Patt, 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 in Part B by striking out all of section 2 and insetting the following: 
'Sec. B-2. 30 MRSA §6205-B is enacted to read: 
§6205-B. Acquisition of Houlton Band Trust Land 
1. Acquisition. Lands or other natural resources acquired by the secretaty for the 
benefit of the Houlton Band ofMaliseet Indians in accordance with the requirements of the 
federal Houlton Band ofMaliseet Indians Supplementaty Claims Settlement Act of 1986. 
Public Law 99-566 are included within Houlton Band Ttust Land. 
2. Takings under laws of State prohibited, Land within Houlton Band Trust Land 
on the effective date of this section may not be taken for public uses under the laws of this 
State.' 
Amend the bill in Patt Bin section 3 in the 2nd line (page 5, line 21 in L.D.) by striking 
out the following: "Regular" and insetting the following: 'Special' 
Amend the bill in Patt Bin section 3 in the 3rd line (page 5, line 22 in L.D.) by striking 
out the following: "Regular" and insetting the following: 'Special' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "Pr to H.P. 617, L.D. 958 
Amend the bill in Part C in section 1 in §7204 by striking out all of the 2nd indented 
paragraph (page 6, lines 3 and 4 in L.D.) and insetting the following: 
'1. Taldngs under the laws of State prohibited. Land within Mi'kmag Nation Trust 
Land on the effective date of this subsection may not be taken for public uses under the 
laws of this State.' 
Amend the bill in Part C in section 2 in the 2nd line (page 6, line 6 in L.D.) by striking 
out the following: "Regular" and inserting the following: 'Special' 
Amend the bill in Pait C in section 2 in the 3rd line (page 6, line 7 in L.D.) by striking 
out the following: "Regular" and inserting the following: 'Special' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority repo1t of the committee, eliminates the 
provision of the Act to Implement the Maine Indian Claims Settlement imposing 
restrictions on the Passamaquoddy Tribe and the Penobscot Nation when they reinvest 
funds received as compensation for a taking of land within respective Indian territories for 
public uses under federal law. 
The amendment also limits the applicability of the bill. Under the amendment, only 
those trust lands of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of 
Maliseet Indians and the Mi'kmaq Nation as of the date that the relevant tribal government 
or governments certify approval of this legislation may not be taken for public uses under 
the laws of this State. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/05/25 LRL 
LD958 
LR 1663(02) 
An Act to Prohibit Eminent Domain on Tribal Lands 
Fiscal Note for Bill as Ame~ded by c_o~mittee Amendment 'A (H-(o l9 \ 
Committee: Judiciary 
IJ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of the Attorney General associated with enforcing the provisions of this 
legislation are expected to be minor and can be absorbed within existing budgeted resources. 
LR1663(02) - Fiscal Note - Page 1 of 1