An Act to Prohibit Eminent Domain on Tribal Lands
Maine Legislature, Session 132, LD 0958
Sponsors: FAULKINGHAM, MOORE
Amends: 30 MRSA §6205, 30 MRSA §6205-A, 30 MRSA §6205-B, 30 MRSA §7204

Legislative Document
No. 958
H.P. 617
House of Representatives, March 11, 2025
An Act to Prohibit Eminent Domain on Tribal Lands
Received by the Clerk of the House on March 6, 2025.  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 FAULKINGHAM of Winter Harbor.
Cosponsored by Senator MOORE of Washington and
Representatives: CARUSO of Caratunk, DANA of the Passamaquoddy Tribe, DILL of Old 
Town, HENDERSON of Rumford, KUHN of Falmouth, MINGO of Calais, POIRIER of 
Skowhegan, SMITH of Palermo.
Be it enacted by the People of the State of Maine as follows:
PART A
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 territory:":
A.  The Passamaquoddy Indian Reservation;
B.  The first 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe from the following areas or lands to the extent that those lands 
are not held in common with any other person or entity and are certified 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 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;
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 
court to negotiate such a compact;
D.  All land acquired by the secretary for the benefit of the Passamaquoddy Tribe in T. 
19, M.D. to the extent that the land is not held in common with any other person or 
entity and is certified by the secretary as held for the benefit of the Passamaquoddy 
Tribe;
D-1.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville consisting of Parcels A, B and C conveyed by Bertram C. Tackeff to the 
Passamaquoddy Tribe by quitclaim deed dated July 27, 1981, recorded in the 
Washington County Registry of Deeds in Book 1147, Page 251, to the extent that the 
land is not held in common with any other person or entity and is certified by the 
secretary as held for the benefit of the Passamaquoddy Tribe;
D-2.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville conveyed by Bertram C. 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 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 Registry of Deeds in Book 2624, Page 301, 
to the extent that the land is not held in common with any other person or entity and is 
certified by the secretary as held for the benefit of the Passamaquoddy Tribe; and
F.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in Perry 
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
(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 certified by the secretary 
as held for the Penobscot Nation:
The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P. 
(Lowelltown), T.6, R.1, N.B.K.P. (Holeb), T.2, R.10, W.E.L.S. and T.2, R.9, W.E.L.S.; 
the land of Raymidga Company located in T.1, R.5, W.B.K.P. (Jim Pond), T.4, R.5, 
B.K.P.W.K.R. (King and Bartlett), T.5, R.6, B.K.P.W.K.R. and T.3, R.5, 
B.K.P.W.K.R.; the land of the heirs of David Pingree located in T.6, R.8, W.E.L.S.; 
any portion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle 
Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram 
C. Tackeff or Northeastern Blueberry Company, Inc. in T.19, M.D.B.P.P.; any portion 
of T.2, R.8, N.W.P.; any portion of T.2, R.5, W.B.K.P. (Alder Stream); the lands of 
Dead River Company in T.3, R.9, N.W.P., T.2, R.9, N.W.P., T.5, R.1, N.B.P.P. and 
T.5, N.D.B.P.P.; any portion of T.3, R.1, N.B.P.P.; any portion of T.3, N.D.; any 
portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; any portion 
of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond International 
Corporation, International Paper Company and Lincoln Pulp and Paper Company 
located in Argyle; any land acquired in Williamsburg T.6, R.8, N.W.P.; any 300 acres 
in Old Town mutually agreed upon by the City of Old Town and the Penobscot Nation 
Tribal Government; any lands in Lakeville acquired by the Penobscot Nation; 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.
3.  Takings under the laws of the State.
A.  Prior to any taking of land for public uses within either the Passamaquoddy Indian 
Reservation or the Penobscot Indian Reservation, the public entity proposing the 
taking, or, in the event of a taking proposed by a public utility, the Public Utilities 
Commission, shall be required to find that there is no reasonably feasible alternative to 
the proposed taking. In making this finding, the public entity or the Public Utilities 
Commission shall compare the cost, technical feasibility, and environmental and social 
impact of the available alternatives, if any, with the cost, technical feasibility and 
environmental and social impact of the proposed taking. Prior to making this finding, 
the public entity or Public Utilities Commission, after notice to the affected tribe or 
nation, shall conduct a public hearing in the manner provided by the Maine 
Administrative Procedure Act, on the affected Indian reservation. The finding of the 
public entity or Public Utilities Commission may be appealed to the Maine Superior 
Court.
In the event of a taking of land for public uses within the Passamaquoddy Indian 
Reservation or the Penobscot Indian Reservation, the public entity or public utility 
making the taking shall, at the election of the affected tribe or nation, and with respect 
to individually allotted lands, at the election of the affected allottee or allottees, acquire 
by purchase or otherwise for the respective tribe, nation, allottee or allottees a parcel 
or parcels of land equal in value to that taken; contiguous to the affected Indian 
reservation; and as nearly adjacent to the parcel taken as practicable. The land so 
acquired shall, upon written certification to the Secretary of State by the public entity 
or public utility acquiring such land describing the location and boundaries thereof, be 
included within the Indian Reservation of the affected tribe or nation without further 
approval of the State. For purposes of this section, land along and adjacent to the 
Penobscot River shall be deemed to be contiguous to the Penobscot Indian Reservation. 
The acquisition of land for the Passamaquoddy Tribe or the Penobscot Nation or any 
allottee under this subsection shall be full compensation for any such taking. If the 
affected tribe, nation, allottee or allottees elect not to have a substitute parcel acquired 
in accordance with this subsection, the moneys received for such taking shall be 
reinvested in accordance with the provisions of paragraph B.
B.  If land within either the Passamaquoddy Indian Territory or the Penobscot Indian 
Territory but not within either the Passamaquoddy Indian Reservation or the Penobscot 
Indian Reservation is taken for public uses in accordance with the laws of the State the 
money received for said land shall be reinvested in other lands within 2 years of the 
date on which the money is received. To the extent that any moneys received are so 
reinvested in land with an area not greater than the area of the land taken and located 
within an unorganized or unincorporated area of the State, the lands so acquired by 
such reinvestment shall be included within the respective Indian territory without 
further approval of the State.  To the extent that any moneys received are so reinvested 
in land with an area greater than the area of the land taken and located within an 
unorganized or unincorporated area of the State, the respective tribe or nation shall 
designate, within 30 days of such reinvestment, that portion of the land acquired by 
such reinvestment, not to exceed the area taken, which shall be included within the 
respective Indian territory.  No land acquired pursuant to this paragraph shall be 
included within either Indian Territory until the Secretary of Interior has certified, in 
writing, to the Secretary of State the location and boundaries of the land acquired.
3-A.  Taking under the laws of the State prohibited.  Land within the 
Passamaquoddy Indian territory and land within the Penobscot Indian territory may not be 
taken for public uses under the laws of the State.
4.  Taking under the laws of the United States.  In the event of a taking of land within 
the Passamaquoddy Indian territory or the Penobscot Indian territory for public uses in 
accordance with the laws of the United States and the reinvestment of the moneys received 
from such taking within 2 years of the date on which the moneys are received, the status of 
the lands acquired by such reinvestment shall be determined in accordance with subsection 
3, paragraph B, the money received for the land must be reinvested in other lands within 2 
years of the date on which the money is received. To the extent that any money received is 
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 acquired by the reinvestment 
must be included within the respective Indian territory without further approval of the State.  
To the extent that any money received is reinvested in land with an area greater than the 
area of the land taken and located within an unorganized or unincorporated area of the 
State, the respective tribe or nation shall designate, within 30 days of the reinvestment, that 
portion of the land acquired by the reinvestment, not to exceed the area taken, that must be 
included within the respective Indian territory.  Land acquired pursuant to this subsection 
may not be included within either Indian territory until the United States Secretary of the 
Interior has certified, in writing, to the Secretary of State the location and boundaries of the 
land acquired.
5.  Limitations.  No lands Lands held or acquired by or in trust for the Passamaquoddy 
Tribe or the Penobscot Nation, other than those described in subsections 1, 2, 3 and 4, shall 
may not be included within or added to the Passamaquoddy Indian territory or the 
Penobscot Indian territory except upon recommendation of the commission and approval 
of the State to be given in the manner required for the enactment of laws by the Legislature 
and Governor of Maine, provided, however, except that no 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 territory or the Penobscot Indian territory, the 
fee to which is transferred to any person who is not a member of the respective tribe or 
nation, shall cease to constitute a portion of Indian territory and shall revert to its status 
prior to the inclusion thereof within Indian territory.
Sec. A-2.  Contingent effective date. This Part takes effect 150 days after 
adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days 
after adjournment of the First Regular Session of the 132nd Legislature, the Secretary 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.
PART B
Sec. B-1.  30 MRSA §6205-A, as enacted by PL 1981, c. 675, §§2 and 8, is repealed.
Sec. B-2.  30 MRSA §6205-B is enacted to read:
§6205-B.  Taking under laws of the State prohibited on Houlton Band Trust Land
Land within the Houlton Band Trust Land may not be taken for public uses under the 
laws of this State.
Sec. B-3.  Contingent effective date. This Part takes effect 150 days after 
adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days 
after adjournment of the First Regular Session of the 132nd Legislature, the Secretary of 
State receives written certification from the Chief of the Houlton Band of Maliseet Indians, 
or the officer designated under the Maine Revised Statutes, Title 3, section 602, that the 
band 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 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 of Maliseet Indians does not constitute an agreement that 
the contingencies in Public Law 1981, chapter 675 were met or that the provisions of Public 
Law 1981, chapter 675 ever took effect.
PART C
Sec. C-1.  30 MRSA §7204, 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:
§7204.  Laws of State to apply to Indian Lands; exceptions
Except as otherwise provided in this Act, the Mi'kmaq Nation and all members of the 
Mi'kmaq Nation in the State and any lands or other natural resources owned by them or 
held in trust for them by the United States or by any other person or entity are subject to 
the laws of the State and to the civil and criminal jurisdiction of the courts of the State to 
the same extent as any other person or lands or other natural resources in the State.
Land within the Mi'kmaq Nation Trust Land may not be taken for public uses under 
the laws of this State.
Sec. C-2.  Contingent effective date. This Part takes effect 150 days after 
adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days 
after adjournment of the First Regular Session of the 132nd 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.
SUMMARY
This bill amends the Act to Implement the Maine Indian Claims Settlement and the 
Mi'kmaq Nation Restoration Act to prevent the taking of land for public uses under the 
laws of this State if the land is located within Passamaquoddy Indian territory, Penobscot 
Indian territory, the Houlton Band Trust Land or the Mi'kmaq Nation Trust Land.