APPROVED CHAPTER
APRIL 22, 2024 647
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1287 - L.D. 2007
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
Be it enacted by the People of the State of Maine as follows:
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 which the maximum potential term
of imprisonment is less than one year and the maximum potential fine does not exceed
$5,000 and that are committed within Passamaquoddy Indian territory by a an adult
member of any federally recognized Indian tribe, nation, band or other group, except
when committed against a person who is not a member of any federally recognized
Indian tribe, nation, band or other group or against the property of a person who is not
a member of any federally recognized Indian tribe, nation, band or other group;:
(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 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);
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 B. Juvenile crimes against a person or property involving conduct that, if committed
by an adult, would fall within the exclusive jurisdiction of the Passamaquoddy Tribe
under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection
1, paragraphs B and C, committed by a juvenile member of the Passamaquoddy Tribe,
the Houlton Band of Maliseet Indians, 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 of Maliseet Indians, the Mi'kmaq Nation or the Penobscot Nation under Title 22,
section 2383 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. Except as provided in
paragraphs A and B, all laws of the State relating to criminal offenses and juvenile crimes
apply within Passamaquoddy Indian territory and the State has exclusive jurisdiction over
those offenses and crimes 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 person on the Passamaquoddy Indian Reservation or on
lands taken into trust by the secretary for the benefit of the Passamaquoddy Tribe, now or
in the future, for which the potential maximum term of imprisonment does not exceed one
year and the potential fine does not exceed $2,000: Title 17‑A, sections 207‑A, 209‑A,
210‑B, 210‑C and 211‑A and Title 19‑A, section 4011. The concurrent jurisdiction
authorized by this subsection does not include an offense committed by a juvenile or a
criminal offense committed by a person who is not a member of any federally recognized
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Indian tribe, nation, band or other group against the person or property of a person who is
not a member of any federally recognized Indian tribe, nation, band or other group. 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),
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 governing body of the Passamaquoddy Tribe shall decide whether to exercise or
terminate the exercise of jurisdiction authorized by this subsection. Notwithstanding
subsection 2, the Passamaquoddy Tribe may not deny to any criminal defendant prosecuted
under this subsection the right to a jury of 12, the right to a unanimous jury verdict, the
rights and protections enumerated in 25 United States Code, Sections 1302(a), 1302(c),
1303 and 1304(d) and all other rights whose protection is necessary under the United States
Constitution in order for the State to authorize concurrent jurisdiction under this subsection.
If a criminal defendant prosecuted under this subsection moves to suppress statements on
the ground that they were made involuntarily, the prosecution has the burden to prove
beyond a reasonable doubt that the statements were made voluntarily.
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 jurisdiction of the State. Except as provided in subsection 1,
paragraphs A and B and subsection 1-A, all laws of the State relating to criminal offenses
and juvenile crimes apply within Passamaquoddy 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:
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 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. In exercising its exclusive jurisdiction
under subsection 1, paragraphs A and B, the Passamaquoddy Tribe is deemed to be
enforcing Passamaquoddy tribal law. The definitions of the criminal offenses 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
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 §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
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
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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 which that are provided exclusively to members of the
respective tribe or nation pursuant to state or federal law, and shall be is 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 drinking 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)(1), the State
and the Penobscot Nation agree and establish that:
1. Jurisdiction of Penobscot Nation to administer drinking water-related
programs. The Penobscot Nation may seek to be treated as a state pursuant to the federal
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Safe Drinking Water Act, 42 United States Code, Section 300j-11, 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 drinking 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 territory.
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 maximum potential term
of imprisonment does not exceed one year and the maximum potential fine does not
exceed $5,000 and that are committed on the Indian reservation of the within Penobscot
Nation Indian territory by a an adult member of any federally recognized Indian tribe,
nation, band or other group, except when committed against a person who is not a
member of any federally recogni