Page 1 - 131LR1184(04)
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,
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.
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);
APPROVED
APRIL 22, 2024
BY GOVERNOR
CHAPTER
647
PUBLIC LAW Page 2 - 131LR1184(04)
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.
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 Page 3 - 131LR1184(04)
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.
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: Page 4 - 131LR1184(04)
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.
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.
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.
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 Page 5 - 131LR1184(04)
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.
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 Page 6 - 131LR1184(04)
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.
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 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 Penobscot Nation 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);
B. Juvenile crimes against a person or property involving conduct that, if committed
by an adult, would fall within the exclusive jurisdiction of the Penobscot Nation 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 either the Passamaquoddy
Tribe, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation or the Penobscot
Nation on the Indian reservation of the within Penobscot Nation Indian territory;
C. Civil actions between members of either the Passamaquoddy Tribe, the Houlton
Band of Maliseet Indians, the Mi'kmaq Nation or the Penobscot Nation arising on the
Indian reservation of the within Penobscot Nation Indian territory and cognizable as Page 7 - 131LR1184(04)
small claims under the laws of the State, and civil actions against a member of either
the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation
or the Penobscot Nation under Title 22, section 2383 involving conduct on the Indian
reservation of the within Penobscot Nation Indian territory by a member of either 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; and
E. Other domestic relations matters, including marriage, divorce and support, between
members of either the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians,
the Mi'kmaq Nation or the Penobscot Nation, both of whom reside on the Indian
reservation of the within Penobscot Nation. 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
11, except that the Penobscot Nation may not exercise jurisdiction over a nonprofit
public municipal corporation.
The governing body of the Penobscot Nation shall decide whether to exercise or terminate
the exercise of the exclusive jurisdiction authorized by this subsection. If the Penobscot
Nation 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 the
Penobscot Indian reservation and the State has exclusive jurisdiction over those offenses
and crimes In exercising its exclusive jurisdiction under paragraphs A and B, the Penobscot
Nation is enforcing Penobscot tribal law.
Sec. B-5. 30 MRSA §6209-B, sub-§1-A, as enacted by PL 2019, c. 621, Pt. C, §1
and affected by §4, is amended to read:
1-A. Concurrent jurisdiction over certain criminal offenses.
has the right to exercise jurisdiction, concurrently with the State, over the following Class
D crimes committed by a person on the Penobscot Indian Reservation or on lands taken
into trust by the secretary for the benefit of the Penobscot Nation 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 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 Penobscot 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 Page 8 - 131LR1184(04)
B. Class C, D and E crimes committed within Penobscot 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 Penobscot
Nation 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 Penobscot Nation shall decide whether to exercise or terminate
the exercise of jurisdiction authorized by this subsection. Notwithstanding subsection 2,
the Penobscot Nation 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 Penobscot Nation 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 Penobscot Nation 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 Penobscot Nation is deemed to be enforcing
Penobscot tribal law. The definitions of the criminal offenses and the punishments
applicable to those criminal offenses over which the Penobscot Nation 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. B-6. 30 MRSA §6209-B, sub-§1-B is enacted to read:
1-B. Exclusive jurisdiction of the State.
paragraphs A and B and subsection 1-A, all laws of the State relating to criminal offenses
and juvenile crimes apply within Penobscot 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:
A. All crimes and juvenile crimes committed within Penobscot 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 Penobscot Indian territory by Page 9 - 131LR1184(04)
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
Penobscot Indian territory, that is within the State's exclusive or concurrent jurisdiction.
Sec. B-7. 30 MRSA §6209-B, sub-§2, as enacted by PL 1995, c. 388, §6 and
affected by §8, is amended to read:
2. Definitions of crimes; tribal procedures.
under subsection 1, paragraphs A and B, the Penobscot Nation is deemed to be enforcing
Penobscot 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
Penobscot Nation 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. B-8. 30 MRSA §6209-B, sub-§6 is enacted to read:
6. Full faith and credit.
proceedings of the Penobscot Nation. The Penobscot Nation shall give full faith and credit
to the judicial proceedings of the Passamaquoddy Tribe, the Houlton Band of Maliseet
Indians, the Mi'kmaq Nation and the State.
Sec. B-9. Contingent effective date.
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 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 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 C
Sec. C-1. 30 MRSA §6209-C, sub-§1,
affected by §13 and amended by c. 369, Pt. D, §6 and affected by §8, is further amended
to read:
1. Exclusive jurisdiction over certain matters.
and 4, the Houlton Band of Maliseet Indians 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 Houlton Band Jurisdiction Land 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 Page 10 - 131LR1184(04)
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 Houlton Band of Maliseet Indians 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);
B. Juvenile crimes against a person or property involving conduct that, if committed
by an adult, would fall within the exclusive jurisdiction of the Houlton Band of
Maliseet Indians 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
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the Penobscot Nation or
the Mi'kmaq Nation within Houlton Band Jurisdiction Land;
C. Civil actions between members of the Houlton Band of Maliseet Indians, the
Passamaquoddy Tribe, the Penobscot Nation or the Mi'kmaq Nation arising on Houlton
Band Jurisdiction Land and cognizable as small claims under the laws of the State and
civil actions against a member of the Houlton Band of Maliseet Indians, the
Passamaquoddy Tribe, the Penobscot Nation or the Mi'kmaq Nation under Title 22,
section 2383 involving conduct within Houlton Band Jurisdiction Land by a member
of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the Penobscot
Nation or the Mi'kmaq 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 Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, the
Penobscot Nation or the Mi'kmaq Nation, both of whom reside within the Houlton
Band Jurisdiction Land; and
F. Notwithstanding any other provision of this subsection, civil and criminal actions
regarding the enforcement of ordinances enacted pursuant to section 6207‑C,
subsection 10, except that the Houlton Band of Maliseet Indians may not exercise
jurisdiction over a nonprofit public municipal corporation.
The governing body of the Houlton Band of Maliseet Indians shall decide whether to
exercise or terminate the exercise of the exclusive jurisdiction authorized by this
subsection. The decision to exercise, to terminate the exercise of or to reassert the exercise
of jurisdiction under each of the subject areas described by paragraphs A to E may be made
separately. Until the Houlton Band of Maliseet Indians notifies the Attorney General that
the band has decided to exercise exclusive jurisdiction set forth in any or all of the
paragraphs in this subsection, the State has exclusive jurisdiction over those matters. If the
Houlton Band of Maliseet Indians chooses not to exercise or chooses to terminate its
exercise of exclusive jurisdiction set forth in any or all of the paragraphs in this subsection, Page 11 - 131LR1184(04)
the State has exclusive jurisdiction over those matters until the Houlton Band of Maliseet
Indians chooses to exercise its exclusive jurisdiction. When the Houlton Band of Maliseet
Indians chooses to reassert the exercise of exclusive jurisdiction over any or all of the areas
of the exclusive jurisdiction authorized by this subsection it must first provide 30 days'
notice to the Attorney General. Except as provided in paragraphs A and B, all laws of the
State relating to criminal offenses and juvenile crimes apply within the Houlton Band Trust
Land and the State has exclusive jurisdiction over those offenses and crimes In exercising
its exclusive jurisdiction under paragraphs A and B, the Houlton Band of Maliseet Indians
is enforcing the tribal law of the Houlton Band of Maliseet Indians.
Sec. C-2. 30 MRSA §6209-C, sub-§1-C is enacted to read:
1-C. Concurrent jurisdiction over certain criminal offenses.
Maliseet Indians has the right to exercise jurisdiction, concurrently with the State, over the
following criminal offenses:
A. Class C, D and E crimes committed on Houlton Band Jurisdiction Land 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 on Houlton Band Jurisdiction Land 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 Houlton Band of
Maliseet Indians 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 Houlton Band of Maliseet Indians 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 Houlton Band of Maliseet Indians 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 Houlton Band of
Maliseet Indians is enforcing the tribal law of the Houlton Band of Maliseet Indians. The
definitions of the criminal offenses and the punishments applicable to those criminal
offenses over which the Houlton Band of Maliseet Indians 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. C-3. 30 MRSA §6209-C, sub-§1-D is enacted to read:
1-D. Exclusive jurisdiction of the State.
paragraphs A and B and subsection 1-C, all laws of the State relating to criminal offenses
and juvenile crimes apply within Houlton Band Trust Land and the State has exclusive Page 12 - 131LR1184(04)
jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 1-C, the
State has exclusive jurisdiction over:
A. All crimes and juvenile crimes committed on Houlton Band Jurisdiction Land
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 on Houlton Band Jurisdiction Land
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-C affects, alters or preempts the authority of the State to
investigate or prosecute any conduct occurring in the State, including conduct occurring on
Houlton Band Trust Land, that is within the State's exclusive or concurrent jurisdiction.
Sec. C-4. 30 MRSA §6209-C, sub-§2, as enacted by PL 2009, c. 384, Pt. B, §1
and affected by §2, is amended to read:
2. Definitions of crimes; tribal procedures.
under subsection 1, paragraphs A and B, the Houlton Band of Maliseet Indians is deemed
to be enforcing tribal law of the Houlton Band of Maliseet Indians. The definitions of the
criminal offenses and juvenile crimes and the punishments applicable to those criminal
offenses and juvenile crimes over which the Houlton Band of Maliseet Indians 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 and regulations generally
applicable to the exercise of criminal jurisdiction by Indian tribes on federal Indian
reservations.
Sec. C-5. Contingent effective date.
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 Houlton Band of
Maliseet Indians, or the designee under the Maine Revised Statutes, Title 3, section 602,
that the Houlton Band of Maliseet Indians 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 Council of 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 Council of 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. Page 13 - 131LR1184(04)
PART D
Sec. D-1. 30 MRSA §7203, sub-§7, as enacted by PL 1989, c. 148, §§3 and 4 and
affected by PL 2023, c. 369, Pt. A, §§2 and 5, is repealed.
Sec. D-2. 30 MRSA §7208, sub-§1, 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:
1. Exclusive jurisdiction over certain matters.
and 6, the Mi'kmaq 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 is less than one year and the maximum potential fine does not exceed
$5,000 and that are committed on Mi'kmaq Nation Jurisdiction Land 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 Mi'kmaq Nation 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);
B. Juvenile crimes against a person or property involving conduct that, if committed
by an adult, would fall within the exclusive jurisdiction of the Mi'kmaq Nation 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 Mi'kmaq Nation, the
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation
within Mi'kmaq Nation Jurisdiction Land;
C. Civil actions between members of the Mi'kmaq Nation, the Passamaquoddy Tribe,
the Houlton Band of Maliseet Indians or the Penobscot Nation arising on Mi'kmaq
Nation Jurisdiction Land and cognizable as small claims under the laws of the State
and civil actions against a member of the Mi'kmaq Nation, the Passamaquoddy Tribe,
the Houlton Band of Maliseet Indians or the Penobscot Nation under Title 22, section
2383 involving conduct within Mi'kmaq Nation Jurisdiction Land by a member of the
Mi'kmaq Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians 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 Mi'kmaq Nation, the Passamaquoddy Tribe, the Houlton Band of
Maliseet Indians or the Penobscot Nation, both of whom reside within Mi'kmaq Nation
Jurisdiction Land; and Page 14 - 131LR1184(04)
F. Notwithstanding any other provision of this subsection, civil and criminal actions
regarding the enforcement of ordinances enacted pursuant to section 7206, subsection
8, except that the Mi'kmaq Nation may not exercise jurisdiction over a nonprofit public
municipal corporation.
The governing body of the Mi'kmaq Nation shall decide whether to exercise or terminate
the exercise of the exclusive jurisdiction authorized by this subsection. The decision to
exercise, to terminate the exercise of or to reassert the exercise of jurisdiction under each
of the subject areas described by paragraphs A to F may be made separately. Until the
Mi'kmaq Nation notifies the Attorney General that the nation has decided to exercise
exclusive jurisdiction set forth in any or all of the paragraphs in this subsection, the State
has exclusive jurisdiction over those matters. If the Mi'kmaq Nation 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. When the Mi'kmaq Nation chooses to reassert the exercise of exclusive
jurisdiction over any or all of the areas under paragraphs A to F, the nation must first
provide 30 days' notice to the Attorney General. Except as provided in paragraphs A and
B, all laws of the State relating to criminal offenses and juvenile crimes apply within
Mi'kmaq Nation Jurisdiction Land and the State has exclusive jurisdiction over those
offenses and crimes In exercising its exclusive jurisdiction under paragraphs A and B, the
Mi'kmaq Nation is enforcing Mi'kmaq tribal law.
Sec. D-3. 30 MRSA §7208, sub-§2, 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:
2. Concurrent jurisdiction over certain criminal offenses.
has the right to exercise jurisdiction, concurrently with the State, over the following Class
D crimes committed by a person within Mi'kmaq Nation Jurisdiction Land or on lands
taken into trust by the secretary for the benefit of the Mi'kmaq Nation, 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 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 on Mi'kmaq Nation Jurisdiction Land 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 on Mi'kmaq Nation Jurisdiction Land 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 3, the Mi'kmaq Nation
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 Page 15 - 131LR1184(04)
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 Mi'kmaq Nation shall decide whether to exercise or terminate
the exercise of jurisdiction authorized by this subsection. Notwithstanding subsection 3,
the Mi'kmaq Nation 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 Mi'kmaq Nation 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 Mi'kmaq Nation 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 Mi'kmaq Nation is deemed to be enforcing
Mi'kmaq tribal law. The definitions of the criminal offenses and the punishments applicable
to those criminal offenses over which the Mi'kmaq Nation 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. D-4. 30 MRSA §7208, sub-§2-A is enacted to read:
2-A. Exclusive jurisdiction of the State.
paragraphs A and B and subsection 2, all laws of the State relating to criminal offenses and
juvenile crimes apply within Mi'kmaq Nation Trust Land and the State has exclusive
jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 2, the State
has exclusive jurisdiction over:
A. All crimes and juvenile crimes committed on Mi'kmaq Nation Jurisdiction Land
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 on Mi'kmaq Nation Jurisdiction Land
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 2 affects, alters or preempts the authority of the State to
investigate or prosecute any conduct occurring in the State, including conduct occurring on
Mi'kmaq Nation Trust Land, that is within the State's exclusive or concurrent jurisdiction.
Sec. D-5. 30 MRSA §7208, sub-§3, 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: Page 16 - 131LR1184(04)
3. Definitions of crimes; tribal procedures.
under subsection 1, paragraphs A and B, the Mi'kmaq Nation is deemed to be enforcing
Mi'kmaq 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
Mi'kmaq Nation 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. D-6. Contingent effective date.
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 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.
PART E
Sec. E-1. 30 MRSA §6206, sub-§3, as corrected by RR 2019, c. 2, Pt. A, §30, is
amended to read:
3. Ordinances.
right to exercise exclusive jurisdiction within its respective Indian territory over violations
by members of either tribe or nation any federally recognized Indian tribe, nation, band or
other group of tribal ordinances adopted pursuant to this section or section 6207. The
decision to exercise or terminate the jurisdiction authorized by this section must be made
by each tribal governing body. If either tribe or nation chooses not to exercise, or to
terminate its exercise of, jurisdiction as authorized by this section or section 6207, the State
has exclusive jurisdiction over violations of tribal ordinances by members of either tribe or
nation any federally recognized Indian tribe, nation, band or other group within the Indian
territory of that tribe or nation. The State has exclusive jurisdiction over violations of tribal
ordinances by persons not members of either tribe or nation any federally recognized Indian
tribe, nation, band or other group except as provided in the section or sections referenced
in the following:
A. Section 6209‑A.
B. Section 6209‑B.
Sec. E-2. 30 MRSA §6210, sub-§1, as amended by PL 1995, c. 388, §7 and
affected by §8, is repealed and the following enacted in its place:
1. Exclusive authority of tribal law enforcement officers.
appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive authority
to enforce:
A. Within their respective Indian territories, ordinances adopted under section 6206
and section 6207, subsections 1, 10 and 11; Page 17 - 131LR1184(04)
B. On their respective Indian reservations, the criminal, juvenile, civil and domestic
relations laws over which the Passamaquoddy Tribe or the Penobscot Nation have
jurisdiction under section 6209‑A, subsection 1 and section 6209‑B, subsection 1,
respectively; and
C. Within their respective Indian territories, the civil and domestic relations laws over
which the Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under
section 6209-A, subsection 1, paragraphs C to F and section 6209-B, subsection 1,
paragraphs C to F, respectively.
Sec. E-3. 30 MRSA §6210, sub-§2, as amended by PL 1995, c. 388, §7 and
affected by §8, is repealed and the following enacted in its place:
2. Joint authority of tribal and state law enforcement officers.
officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have the
authority within their respective Indian territories and state and county law enforcement
officers have the authority within both Indian territories to enforce:
A. Rules or regulations adopted by the commission under section 6207, subsection 3;
and
B. All laws of the State other than those over which law enforcement officers
appointed by the Passamaquoddy Tribe or the Penobscot Nation have exclusive
jurisdiction under subsection 1.
Sec. E-4. 30 MRSA §6210, sub-§3, as amended by PL 1995, c. 388, §7 and
affected by §8, is further amended to read:
3. Agreements for cooperation and mutual aid.
impact existing agreements for cooperation and mutual aid between the Passamaquoddy
Tribe or the Penobscot Nation and any state, county or local law enforcement agency or
prevent the Passamaquoddy Tribe or the Penobscot Nation and any state, county or local
law enforcement agency from entering into future agreements for cooperation and mutual
aid.
Sec. E-5. Contingent effective date.
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 Penobscot Nation, or
the designee under the Maine Revised Statutes, Title 3, section 602, that the nation has
agreed to the provisions of this Part and from the Chief of the Passamaquoddy Tribe at
Sipayik and the Chief of the Passamaquoddy Tribe at Motahkomikuk, or the designee under
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.