Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 958H.P. 617House of Representatives, March 11, 2025
An Act to Prohibit Eminent Domain on Tribal Lands
Received by the Clerk of the House on March 6, 2025. Referred to the Committee on
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Senator MOORE of Washington and
Representatives: CARUSO of Caratunk, DANA of the Passamaquoddy Tribe, DILL of Old
Town, HENDERSON of Rumford, KUHN of Falmouth, MINGO of Calais, POIRIER of
Skowhegan, SMITH of Palermo. Page 1 - 132LR1663(01)
1
2
3 as amended by PL 2021, c. 650, §§2 to 4 and affected
4 by §13, is further amended to read:
5
6 4 and 5, the following
7 lands within the State are known as "the "Passamaquoddy Indian territory:":
8 A. The Passamaquoddy Indian Reservation;
9 B. The first 150,000 acres of land acquired by the secretary for the benefit of the
10 Passamaquoddy Tribe from the following areas or lands to the extent that those lands
11 are not held in common with any other person or entity and are certified by the secretary
12 as held for the benefit of the Passamaquoddy Tribe:
13 The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P.
14 (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.;
15 the land of Raymidga Company located in T.1, R.5, W.B.K.P. (Jim Pond), T.4, R.5,
16 B.K.P.W.K.R. (King and Bartlett), T.5, R.6, B.K.P.W.K.R. and T.3, R.5,
17 B.K.P.W.K.R.; the land of the heirs of David Pingree located in T.6, R.8, W.E.L.S.;
18 any portion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle
19 Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram
20 C. Tackeff or Northeastern Blueberry Company, Inc. in T.19, M.D.B.P.P.; any portion
21 of T.2, R.8, N.W.P.; any portion of T.2, R.5, W.B.K.P. (Alder Stream); the lands of
22 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
23 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
24 portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; any portion
25 of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond International
26 Corporation, International Paper Company and Lincoln Pulp and Paper Company
27 located in Argyle; and the lands of the Dyer Interests in T.A.R.7 W.E.L.S., T.3 R.9
28 N.W.P., T.3 R.3. N.B.K.P. (Alder Brook Township), T.3 R.4 N.B.K.P. (Hammond
29 Township), T.2 R.4 N.B.K.P. (Pittston Academy Grant), T.2 R.3 N.B.K.P.
30 (Soldiertown Township), and T.4 R.4 N.B.K.P. (Prentiss Township), and any lands in
31 Albany Township acquired by the Passamaquoddy Tribe;
32 C. Any land not exceeding 100 acres in the City of Calais acquired by the secretary
33 for the benefit of the Passamaquoddy Tribe as long as the land is not held in common
34 with any other person or entity and is certified by the secretary as held for the benefit
35 of the Passamaquoddy Tribe, if:
36 (1) The acquisition of the land by the tribe is approved by the legislative body of
37 that city; and
38 (2) A tribal-state compact under the federal Indian Gaming Regulatory Act is
39 agreed to by the State and the Passamaquoddy Tribe or the State is ordered by a
40 court to negotiate such a compact;
41 D. All land acquired by the secretary for the benefit of the Passamaquoddy Tribe in T.
42 19, M.D. to the extent that the land is not held in common with any other person or Page 2 - 132LR1663(01)
43 entity and is certified by the secretary as held for the benefit of the Passamaquoddy
44 Tribe;
3 D-1. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in
4 Centerville consisting of Parcels A, B and C conveyed by Bertram C. Tackeff to the
5 Passamaquoddy Tribe by quitclaim deed dated July 27, 1981, recorded in the
6 Washington County Registry of Deeds in Book 1147, Page 251, to the extent that the
7 land is not held in common with any other person or entity and is certified by the
8 secretary as held for the benefit of the Passamaquoddy Tribe;
9 D-2. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in
10 Centerville conveyed by Bertram C. Tackeff to the Passamaquoddy Tribe by quitclaim
11 deed dated May 4, 1982, recorded in the Washington County Registry of Deeds in
12 Book 1178, Page 35, to the extent that the land is not held in common with any other
13 person or entity and is certified by the secretary as held for the benefit of the
14 Passamaquoddy Tribe;
15 E. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in
16 Township 21 consisting of Gordon Island in Big Lake, conveyed by Domtar Maine
17 Corporation to the Passamaquoddy Tribe by corporate quitclaim deed dated April 30,
18 2002, recorded in the Washington County Registry of Deeds in Book 2624, Page 301,
19 to the extent that the land is not held in common with any other person or entity and is
20 certified by the secretary as held for the benefit of the Passamaquoddy Tribe; and
21 F. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in Perry
22 consisting of:
23 (1) Land conveyed by Denise E. Plouffe to the Passamaquoddy Tribe by quitclaim
24 deed dated October 5, 2017, recorded in the Washington County Registry of Deeds
25 in Book 4403, Pages 18 and 19; and
26 (2) Land conveyed by Austin Humphries to the Passamaquoddy Tribe by deed
27 dated November 18, 1983, recorded in the Washington County Registry of Deeds
28 in Book 1252, Pages 93 to 95.
29 Notwithstanding subsection 5 and any other provision of this Act to the contrary, the
30 addition of land to the Passamaquoddy Indian territory pursuant to this paragraph is not
31 subject to approval by any city, town, village or plantation within the State.
32 4 and 5, the following lands
33 within the State shall be are known as "the "Penobscot Indian territory:":
34 A. The Penobscot Indian Reservation; and
35 B. The first 150,000 acres of land acquired by the secretary for the benefit of the
36 Penobscot Nation from the following areas or lands to the extent that those lands are
37 not held in common with any other person or entity and are certified by the secretary
38 as held for the Penobscot Nation:
39 The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P.
40 (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.;
41 the land of Raymidga Company located in T.1, R.5, W.B.K.P. (Jim Pond), T.4, R.5,
42 B.K.P.W.K.R. (King and Bartlett), T.5, R.6, B.K.P.W.K.R. and T.3, R.5,
43 B.K.P.W.K.R.; the land of the heirs of David Pingree located in T.6, R.8, W.E.L.S.;
1
2 Page 3 - 132LR1663(01)
44 any portion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle
45 Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram
46 C. Tackeff or Northeastern Blueberry Company, Inc. in T.19, M.D.B.P.P.; any portion
47 of T.2, R.8, N.W.P.; any portion of T.2, R.5, W.B.K.P. (Alder Stream); the lands of
48 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
49 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
50 portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; any portion
51 of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond International
52 Corporation, International Paper Company and Lincoln Pulp and Paper Company
53 located in Argyle; any land acquired in Williamsburg T.6, R.8, N.W.P.; any 300 acres
54 in Old Town mutually agreed upon by the City of Old Town and the Penobscot Nation
55 Tribal Government; any lands in Lakeville acquired by the Penobscot Nation; and all
56 the property acquired by the Penobscot Indian Nation from Herbert C. Haynes, Jr.,
57 Herbert C. Haynes, Inc. and Five Islands Land Corporation located in Township 1,
58 Range 6 W.E.L.S.
16 Takings under the laws of the State.
17 A. Prior to any taking of land for public uses within either the Passamaquoddy Indian
18 Reservation or the Penobscot Indian Reservation, the public entity proposing the
19 taking, or, in the event of a taking proposed by a public utility, the Public Utilities
20 Commission, shall be required to find that there is no reasonably feasible alternative to
21 the proposed taking. In making this finding, the public entity or the Public Utilities
22 Commission shall compare the cost, technical feasibility, and environmental and social
23 impact of the available alternatives, if any, with the cost, technical feasibility and
24 environmental and social impact of the proposed taking. Prior to making this finding,
25 the public entity or Public Utilities Commission, after notice to the affected tribe or
26 nation, shall conduct a public hearing in the manner provided by the Maine
27 Administrative Procedure Act, on the affected Indian reservation. The finding of the
28 public entity or Public Utilities Commission may be appealed to the Maine Superior
29 Court.
30 In the event of a taking of land for public uses within the Passamaquoddy Indian
31 Reservation or the Penobscot Indian Reservation, the public entity or public utility
32 making the taking shall, at the election of the affected tribe or nation, and with respect
33 to individually allotted lands, at the election of the affected allottee or allottees, acquire
34 by purchase or otherwise for the respective tribe, nation, allottee or allottees a parcel
35 or parcels of land equal in value to that taken; contiguous to the affected Indian
36 reservation; and as nearly adjacent to the parcel taken as practicable. The land so
37 acquired shall, upon written certification to the Secretary of State by the public entity
38 or public utility acquiring such land describing the location and boundaries thereof, be
39 included within the Indian Reservation of the affected tribe or nation without further
40 approval of the State. For purposes of this section, land along and adjacent to the
41 Penobscot River shall be deemed to be contiguous to the Penobscot Indian Reservation.
42 The acquisition of land for the Passamaquoddy Tribe or the Penobscot Nation or any
43 allottee under this subsection shall be full compensation for any such taking. If the
44 affected tribe, nation, allottee or allottees elect not to have a substitute parcel acquired
45 in accordance with this subsection, the moneys received for such taking shall be
46 reinvested in accordance with the provisions of paragraph B.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 Page 4 - 132LR1663(01)
1 B. If land within either the Passamaquoddy Indian Territory or the Penobscot Indian
2 Territory but not within either the Passamaquoddy Indian Reservation or the Penobscot
3 Indian Reservation is taken for public uses in accordance with the laws of the State the
4 money received for said land shall be reinvested in other lands within 2 years of the
5 date on which the money is received. To the extent that any moneys received are so
6 reinvested in land with an area not greater than the area of the land taken and located
7 within an unorganized or unincorporated area of the State, the lands so acquired by
8 such reinvestment shall be included within the respective Indian territory without
9 further approval of the State. To the extent that any moneys received are so reinvested
10 in land with an area greater than the area of the land taken and located within an
11 unorganized or unincorporated area of the State, the respective tribe or nation shall
12 designate, within 30 days of such reinvestment, that portion of the land acquired by
13 such reinvestment, not to exceed the area taken, which shall be included within the
14 respective Indian territory. No land acquired pursuant to this paragraph shall be
15 included within either Indian Territory until the Secretary of Interior has certified, in
16 writing, to the Secretary of State the location and boundaries of the land acquired.
17
18 Passamaquoddy Indian territory and land within the Penobscot Indian territory may not be
19 taken for public uses under the laws of the State.
20
21 the Passamaquoddy Indian territory or the Penobscot Indian territory for public uses in
22 accordance with the laws of the United States and the reinvestment of the moneys received
23 from such taking within 2 years of the date on which the moneys are received, the status of
24 the lands acquired by such reinvestment shall be determined in accordance with subsection
25 3, paragraph B, the money received for the land must be reinvested in other lands within 2
26 years of the date on which the money is received. To the extent that any money received is
27 reinvested in land with an area not greater than the area of the land taken and located within
28 an unorganized or unincorporated area of the State, the lands acquired by the reinvestment
29 must be included within the respective Indian territory without further approval of the State.
30 To the extent that any money received is reinvested in land with an area greater than the
31 area of the land taken and located within an unorganized or unincorporated area of the
32 State, the respective tribe or nation shall designate, within 30 days of the reinvestment, that
33 portion of the land acquired by the reinvestment, not to exceed the area taken, that must be
34 included within the respective Indian territory. Land acquired pursuant to this subsection
35 may not be included within either Indian territory until the United States Secretary of the
36 Interior has certified, in writing, to the Secretary of State the location and boundaries of the
37 land acquired.
38 Lands held or acquired by or in trust for the Passamaquoddy
39 Tribe or the Penobscot Nation, other than those described in subsections 1, 2, 3 and 4, shall
40 may not be included within or added to the Passamaquoddy Indian territory or the
41 Penobscot Indian territory except upon recommendation of the commission and approval
42 of the State to be given in the manner required for the enactment of laws by the Legislature
43 and Governor of Maine, provided, however, except that no lands within any city, town,
44 village or plantation shall may not be added to either the Passamaquoddy Indian territory
45 or the Penobscot Indian territory without approval of the legislative body of said the city,
46 town, village or plantation in addition to the approval of the State. Page 5 - 132LR1663(01)
1 Any lands within the Passamaquoddy Indian territory or the Penobscot Indian territory, the
2 fee to which is transferred to any person who is not a member of the respective tribe or
3 nation, shall cease to constitute a portion of Indian territory and shall revert to its status
4 prior to the inclusion thereof within Indian territory.
5
6 adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days
7 after adjournment of the First Regular Session of the 132nd Legislature, the Secretary of
8 State receives written certification from the Chief of the Passamaquoddy Tribe at Sipayik
9 and the Chief of the Passamaquoddy Tribe at Motahkomikuk, or the designee under the
10 Maine Revised Statutes, Title 3, section 602, that the Passamaquoddy Tribe has agreed to
11 the provisions of this Part, copies of which must be submitted by the Secretary of State to
12 the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of
13 Statutes.
14
15 as enacted by PL 1981, c. 675, §§2 and 8, is repealed.
16 is enacted to read:
17
18 Land within the Houlton Band Trust Land may not be taken for public uses under the
19 laws of this State.
20
21 adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days
22 after adjournment of the First Regular Session of the 132nd Legislature, the Secretary of
23 State receives written certification from the Chief of the Houlton Band of Maliseet Indians,
24 or the officer designated under the Maine Revised Statutes, Title 3, section 602, that the
25 band has agreed to the provisions of this Part, copies of which must be submitted by the
26 Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives
27 and the Revisor of Statutes.
28 Upon such written certification by the Houlton Band of Maliseet Indians, each section
29 of this Part regarding or affecting the Houlton Band of Maliseet Indians and its tribal
30 members and lands constitutes a jurisdictional agreement for purposes of the federal Maine
31 Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(2). Such written
32 certification by the Houlton Band of Maliseet Indians does not constitute an agreement that
33 the contingencies in Public Law 1981, chapter 675 were met or that the provisions of Public
34 Law 1981, chapter 675 ever took effect.
35
36 as enacted by PL 1989, c. 148, §§3 and 4 and affected
37 by PL 2023, c. 369, Pt. A, §§2 and 5, is amended to read:
38
39 Except as otherwise provided in this Act, the Mi'kmaq Nation and all members of the
40 Mi'kmaq Nation in the State and any lands or other natural resources owned by them or
41 held in trust for them by the United States or by any other person or entity are subject to Page 6 - 132LR1663(01)
42 the laws of the State and to the civil and criminal jurisdiction of the courts of the State to
43 the same extent as any other person or lands or other natural resources in the State.
3 Land within the Mi'kmaq Nation Trust Land may not be taken for public uses under
4 the laws of this State.
5
6 adjournment of the First Regular Session of the 132nd Legislature only if, within 120 days
7 after adjournment of the First Regular Session of the 132nd Legislature, the Secretary of
8 State receives written certification from the Chief of the Mi'kmaq Nation, or the designee
9 under the Maine Revised Statutes, Title 3, section 603, that the Mi'kmaq Nation has agreed
10 to the provisions of this Part, copies of which must be submitted by the Secretary of State
11 to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor
12 of Statutes.
13
14 This bill amends the Act to Implement the Maine Indian Claims Settlement and the
15 Mi'kmaq Nation Restoration Act to prevent the taking of land for public uses under the
16 laws of this State if the land is located within Passamaquoddy Indian territory, Penobscot
17 Indian territory, the Houlton Band Trust Land or the Mi'kmaq Nation Trust Land.
1
2
14
15
16
17