Bill Summary – FastDemocracy

This bill implements several of the consensus recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act governing the relationship between the State and the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation. The January 14, 2020 report of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act is available online at http://legislature.maine.gov/maine-indian-claims-tf. The bill makes substantial changes to the Maine Revised Statutes, Title 30, chapter 
601, currently known as "AN ACT to Implement the Maine Indian Claims Settlement," including by renaming the chapter "the Maine Implementing Act." The bill is designed to restore to the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians many of the rights to self-determination enjoyed by other federally recognized Indian tribes within the United States. To carry out this purpose, the bill repeals or amends many provisions of the Maine Implementing Act to recognize that federal Indian law governs the rights, privileges, powers, duties and immunities of the tribe, nation and band. "Federal Indian law" is defined to mean the United States Constitution and all generally applicable federal statutes and regulations as well as common law and case law interpreting, implementing, applying or enforcing those constitutional, statutory and regulatory provisions relating to the rights, status, privileges, powers, duties and immunities of federally recognized Indian tribes and their members and land or other natural resources within the United States. With respect to tribal land acquisition, the bill: 
Repeals the definition of "Houlton Band Jurisdiction Land" enacted in Public Law 
2023, chapter 369 and instead recognizes that the rights, privileges, powers, duties and immunities of the Houlton Band of Maliseet Indians recognized in the Maine Implementing Act apply to "Houlton Band Trust Land," which is defined to include all land and natural resources acquired by the United States Secretary of the Interior in trust for the band under the federal Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 
or any other applicable federal law, including the federal Indian Reorganization Act; 
Amends the provisions describing Passamaquoddy Indian territory and Penobscot Indian territory, the lands over which the tribe and the nation have the rights, privileges, powers, duties and immunities of federally recognized Indian tribes under the Maine Implementing Act. The bill restructures the procedures for land acquired by the United States Secretary of the Interior in trust for the tribe or the nation to be considered Indian territory. Instead of limiting trust land acquisition to specifically described parcels of land, the bill recognizes as Indian territory any land acquired by the secretary in trust for the tribe or nation within specific counties of the State either prior to the effective date of this legislation or after the effective date of this legislation if the land is not located within the borders of a city, town, village or plantation. If trust land within the specified counties is 
acquired after the effective date of this legislation and is located within the borders of a 
city, town, village or plantation, it may be considered Indian territory if the tribe or nation 
enters into an agreement with the local government addressing payments in lieu of taxes, 
allocation of law enforcement responsibility and land use. Lands acquired in trust for the 
tribe or the nation under any applicable federal law, including the federal Indian 
Reorganization Act, are also considered Indian territory; 
Includes within Passamaquoddy Indian territory all lands owned in fee simple by the Passamaquoddy Tribe on the effective date of this legislation if those lands are located within specific counties and are subsequently acquired by the United States Secretary of the Interior in trust for the Passamaquoddy Tribe; and 
Repeals the provisions of the Maine Implementing Act regarding the takings of tribal lands for public use. The bill provides that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians, as well as their officers and employees, are immune from suit to the same extent as other federally recognized Indian tribes and their officers and employees under federal Indian law. With respect to the regulation of natural resources, the bill: 
Recognizes the exclusive authority of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians to regulate fishing, hunting, trapping and other taking of wildlife by both tribal and nontribal citizens within their respective Indian territories and trust land; 
Retains the authority of the Maine Indian Tribal-State Commission under current law to regulate fishing on boundary waters; and 
Authorizes the State, solely for conservation purposes, to regulate tribal members engaged in fishing, hunting, trapping and other taking of wildlife off Indian territory or trust land to the extent permitted under federal Indian law and consistent with reserved tribal treaty rights. The bill combines within one section of the Maine Implementing Act the authority of law enforcement officers appointed by the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation to enforce laws within their respective Indian territories and trust land. The bill recognizes that law enforcement officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive authority to enforce within their respective Indian territories, and law enforcement officers appointed by the Houlton Band of Maliseet Indians have exclusive authority to enforce within Houlton Band Trust Land, the criminal and juvenile laws over which their respective tribal courts have exclusive jurisdiction. The bill also recognizes the authority of the Houlton Band of Maliseet Indians to create a tribal school committee analogous to the authority of the Passamaquoddy Tribe and the Penobscot Nation to create tribal school committees under current law. With respect to civil jurisdiction, the bill: 
Recognizes the exclusive authority, under federal Indian law, of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation to exercise civil 
regulatory authority on their respective Indian territory or trust land over their respective 
tribal members and tribal entities; 
Recognizes the concurrent authority with the State, under federal Indian law, of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation to exercise civil regulatory authority on their respective Indian territory or trust land over persons and entities who are not tribal citizens or tribal entities; and 
Recognizes and adopts the application of federal Indian law with respect to the authority of the State and of the tribal courts of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation to exercise adjudicatory jurisdiction over civil actions arising on the band's, tribe's or nation's respective Indian territory or trust land. The bill also requires the development of a dispute resolution process to facilitate resolution of disputes between the State and tribes. The bill explicitly provides that, for purposes of the federal Maine Indian Claims Settlement Act of 1980, Public Law 96-420, except for any provision of federal Indian law that conflicts with the Maine Implementing Act's allocation between the State and the tribes of jurisdiction over crimes and juvenile crimes, the provisions of any federal law enacted before, on or after October 10, 1980, that accords a special status or right to or relates to a special status or right of any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, Indian territory or land held in trust for Indians applies to the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and their members and tribal lands. However, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians may conduct gaming activities only in accordance with state law and not under the authority of the federal Indian Gaming Regulatory Act or its implementing regulations. Finally, the bill either repeals or repeals and replaces each provision of the Maine Implementing Act that was enacted by Public Law 1981, chapter 675 and provides that, if the Houlton Band of Maliseet Indians certifies its agreement to the provisions of this legislation, that agreement constitutes a jurisdictional agreement between the State and the Houlton Band of Maliseet Indians for purposes of the federal Maine Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(2) but does not constitute an agreement by the Houlton Band of Maliseet Indians that the provisions of Public Law 1981, chapter 675 ever took effect. The provisions of this bill take effect 150 days after adjournment of the First Regular Session of the 132nd Legislature only if the relevant officials of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians certify the tribe's, nation's and band's agreements to the legislation within 120 days after adjournment of the First Regular Session of the 132nd Legislature.
Statutes affected: 
Bill Text LD 785, SP 344: 12.685, 12.6302, 30.6201, 30.6202, 30.6203, 30.6204, 30.6205, 30.6206, 30.6207, 30.6208, 30.6209, 30.6210, 30.6211, 30.6213, 30.6214, 36.111