Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                    FIRST SPECIAL SESSION-2021
Legislative Document                                                                            No. 1665
H.P. 1236                                                           House of Representatives, May 5, 2021
            An Act To Amend AN ACT to Implement the Maine Indian Claims
            Settlement Concerning Land Acquisition and Criminal Jurisdiction
   Received by the Clerk of the House on May 3, 2021. 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 BABBIDGE of Kennebunk.
                                        Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 30 MRSA §6203, sub-§1-A is enacted to read:
      1-A. Designated area for land acquisition. "Designated area for land acquisition"
 means land located east of the mouth of the Penobscot River, land east of the Penobscot
 River and northward to 44º 50' N, land north of 44º 50' N westward to 69º 10' W, land east
 of 69º 10' W northward to 45º 55' N, land north of 45º 55' N westward to 69º 55' W, land
 west of 69º 55' W southward to 45º 30' N and land north of 45º 30' N westward to the border
 with Canada. "Designated area for land acquisition" includes mainland territory from the
 eastern shore of Penobscot Bay southward to Eggemoggin Reach and Naskeag Point and
 eastward to the border with Canada, including all Maine islands east of 68º 33' W.
 "Designated area for land acquisition" does not include the Kennebec River watershed,
 except within the boundaries specified in this subsection, does not include the headwaters
 of the Kennebec River watershed, including any lands that have shoreline around or within
 Moosehead Lake, and does not include any lands west of the Penobscot River south of 44º
 50' N or from Penobscot Bay to the boundary with New Hampshire to the west and the
 border with Canada to the northwest. The designated area for land acquisition defines a
 specified boundary that is an approximate representation of the Penobscot River watershed
 and all lands north and east of the Penobscot River watershed to the border with Canada,
 including the St. John River and St. Croix River watersheds located within the State.
     Sec. 2. 30 MRSA §6205, sub-§1, as amended by PL 2013, c. 91, §§1 and 2 and
 affected by §3, is further amended to read:
     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 include the following areas
     or lands acquired pursuant to the provisions of this Act prior to January 1, 2021 and
     subject to the limitations of subsection 2-A, as well as the following areas or lands and
     any areas or lands located within the designated area for land acquisition as defined in
     this chapter after January 1, 2021, to the extent that those lands are acquired by the
     secretary prior to January 31, 1991 December 31, 2040, are not held in common with
     any other person or entity and are certified by the secretary by January 31, 1991,
     December 31, 2040 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
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 portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; any portion
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 of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond International
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 Corporation, International Paper Company and Lincoln Pulp and Paper Company
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 located in Argyle; and the lands of the Dyer Interests in T.A.R.7 W.E.L.S., T.3 R.9
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 N.W.P., T.3 R.3. N.B.K.P. (Alder Brook Township), T.3 R.4 N.B.K.P. (Hammond
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 Township), T.2 R.4 N.B.K.P. (Pittston Academy Grant), T.2 R.3 N.B.K.P.
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 (Soldiertown Township), and T.4 R.4 N.B.K.P. (Prentiss Township), and any lands in
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 Albany Township acquired by the Passamaquoddy Tribe before January 1, 1991; and
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 a plot of contiguous land in Calais that, when combined with land previously
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 purchased, does not exceed 100 acres in total, mutually agreed upon by the City of
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 Calais and the Passamaquoddy Tribal Government;
 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 acquired by the
 secretary prior to January 1, 2001, is not held in common with any other person or
 entity and is certified by the secretary by January 31, 2001, 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 acquired by the secretary prior to January 31,
 2020 December 31, 2040, is not held in common with any other person or entity and is
 certified by the secretary by January 31, 2020 December 31, 2040 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 acquired by the secretary prior to January 31, 2017 December 31, 2040, is not
 held in common with any other person or entity and is certified by the secretary by
 January 31, 2017 December 31, 2040 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 acquired by the secretary prior to
 January 31, 2023 December 31, 2040, is not held in common with any other person or
 entity and is certified by the secretary by January 31, 2023 December 31, 2040 as held
 for the benefit of the Passamaquoddy Tribe; and
 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,
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     to the extent that the land is acquired by the secretary prior to January 31, 2017
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     December 31, 2040, is not held in common with any other person or entity and is
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     certified by the secretary by January 31, 2017 December 31, 2040 as held for the benefit
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     of the Passamaquoddy Tribe.
     Sec. 3. 30 MRSA §6205, sub-§2, ¶B, as amended by PL 1999, c. 625, §1, is further
 amended to read:
     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 include the following areas or
     lands acquired pursuant to the provisions of this Act prior to January 1, 2021 and
     subject to the limitations of subsection 2-A, as well as the following areas or lands and
     any areas or lands located within the designated area for land acquisition after January
     1, 2021, to the extent that those lands are acquired by the secretary prior to January 31,
     2021 December 31, 2040, are not held in common with any other person or entity and
     are certified by the secretary by January 31, 2021, December 31, 2040 as held for the
     benefit of 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 a plot of contiguous land in Old Town that, when combined with any land
     previously purchased, does not exceed 100 acres in total, not to include Indian Island,
     mutually agreed upon by the City of Old Town and the Penobscot Nation Tribal
     Government, provided that the mutual agreement must be finalized prior to August 31,
     1991; any lands in Lakeville acquired by the Penobscot Nation before January 1, 1991;
     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.
     Sec. 4. 30 MRSA §6205, sub-§2-A is enacted to read:
      2-A. Acquisitions within the designated area for land acquisition. For the purposes
 of meeting the threshold of 150,000 acres described in subsection 1, paragraph B and
 subsection 2, paragraph B, additional lands within the designated area for land acquisition
 that are contiguous to existing tribal lands, and are located in unorganized townships, may
 be purchased, consistent with the provisions of subsection 5, and certified by the secretary
 by December 31, 2030 for the benefit of the Passamaquoddy Tribe or the Penobscot Nation.
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 The timeline in this subsection as it pertains to the acquisition of land described in
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 subsection 1, paragraph B is subject to extension upon the agreement of the
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 Passamaquoddy Tribe and the State. The timeline in this subsection as it pertains to the
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 acquisition of land described in subsection 2, paragraph B is subject to extension upon the
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 agreement of the Penobscot Nation and the State.
     Sec. 5. 30 MRSA §6209-A, sub-§1, as amended by PL 2019, c. 621, Pt. D, §1 and
 affected by §5, 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 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
     Class C, D and E crimes committed on the Indian reservation of the within
     Passamaquoddy Tribe Indian territory by a 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. The Passamaquoddy Tribe may not deny to any
     criminal defendant prosecuted under this paragraph 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 B and C, committed by a juvenile member of the Passamaquoddy Tribe,
     the Houlton Band of Maliseet Indians or the Penobscot Nation on the reservation of the
     within Passamaquoddy Tribe Indian territory;
     C. Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of
     Maliseet Indians or the Penobscot Nation arising on the Indian reservation of the
     Passamaquoddy Tribe 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 or the Penobscot Nation under Title 22, section 2383 involving
     conduct on the Indian reservation of the Passamaquoddy Tribe by a member of the
     Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation;
     D. Indian child custody proceedings to the extent authorized by applicable federal law;
     and
     E. Other domestic relations matters, including marriage, divorce and support, between
     members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the
     Penobscot Nation, both of whom reside within the Indian reservation of the
     Passamaquoddy Tribe.
 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, or civil and domestic matters described in this
 subsection, the State has exclusive jurisdiction over those matters. Except as provided in
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 paragraphs A and B, all laws of the State relating to criminal offenses and juvenile crimes
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 apply within the Passamaquoddy Indian reservation and the State has exclusive jurisdiction
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 over those offenses and crimes.
     Sec. 6. 30 MRSA §6209-A, sub-§1-A, as enacted by PL 2019, c. 621, Pt. D, §2
 and affected by §5, is repealed and the following enacted in its place:
     1-A. Concurrent jurisdiction over certain criminal offenses. The Passamaquoddy
 Tribe has the right to exercise jurisdiction, concurrently with the State, over the following
 crimes:
     A. Class D crimes set out under Title 17-A, sections 207-A, 209-A, 210-B, 210-C and
     211-A and Title 19-A, section 4011 committed by a person who is not a member of
     any federally recognized Indian tribe, nation, band or other group on the
     Passamaquoddy Indian territory, against a person or property of a person who is a
     member of a federally recognized Indian tribe, nation, band or other group. The
     concurrent jurisdiction authorized by this paragraph does not include offenses
     committed by a juvenile; and
     B. Class C, D and E crimes committed within Passamaquoddy Indian territory by a
     member of a federally recognized Indian tribe, nation, band or other group 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. The Passamaquoddy
     Tribe may not deny to any criminal defendant prosecuted under this paragraph 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. 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