30 §6201. Short title
§6201. Short title This Act shall be known and may be cited as “AN ACT to Implement the Maine Indian Claims Settlement.” [PL 1979, c. 732, §§ 1, 31 (NEW).] SECTION HISTORY PL 1979, c. 732, §§1,31 (NEW).
§6201. Short title This Act shall be known and may be cited as “AN ACT to Implement the Maine Indian Claims Settlement.” [PL 1979, c. 732, §§ 1, 31 (NEW).] SECTION HISTORY PL 1979, c. 732, §§1,31 (NEW).
§6202. Legislative findings and declaration of policy The Legislature finds and declares the following. [PL 1979, c. 732, §§1, 31 (NEW).] The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians are asserting claims for possession of large areas of land in the State and for damages alleging that the lands […]
§6203. Definitions As used in this Act, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 732, §§1, 31 (NEW).] 1. Commission. “Commission” means the Maine Indian Tribal-State Commission created by section 6212. [PL 1979, c. 732, §§1, 31 (NEW).] 2. Houlton Band of Maliseet Indians. “Houlton […]
§6204. Laws of the State to apply to Indian Lands Except as otherwise provided in this Act, all Indians, Indian nations, and tribes and bands of Indians in the State and any lands or other natural resources owned by them, held in trust for them by the United States or by any other person or […]
§6205-A. Acquisition of Houlton Band Trust Land 1. Approval. The State of Maine approves the acquisition, by the secretary, of Houlton Band Trust Land within the State of Maine provided as follows. A. No land or natural resources acquired by the secretary may have the status of Houlton Band Trust Land, or be deemed […]
§6205. Indian territory 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; [PL 1993, c. 713, §1 (AMD); PL 1993, c. 713, §2 (AFF).] B. The first 150,000 acres of land acquired by […]
§6206-A. Powers of the Houlton Band of Maliseet Indians The Houlton Band of Maliseet Indians shall not exercise nor enjoy the powers, privileges and immunities of a municipality nor exercise civil or criminal jurisdiction within their lands prior to the enactment of additional legislation specifically authorizing the exercise of those governmental powers. [PL 1981, […]
§6206-B. Law enforcement powers of Houlton Band of Maliseet Indians 1. Appointment of tribal law enforcement officers. The Houlton Band of Maliseet Indians may appoint law enforcement officers who have the authority to enforce all the laws of the State within the Houlton Band Trust Land. This section does not limit the existing authority of […]
§6206. Powers and duties of the Indian tribes within their respective Indian territories 1. General powers. Except as otherwise provided in this Act, the Passamaquoddy Tribe and the Penobscot Nation, within their respective Indian territories, shall have, exercise and enjoy all the rights, privileges, powers and immunities, including, but without limitation, the power to enact […]
§6207-A. Jurisdiction of the Passamaquoddy Tribe over drinking water within the Passamaquoddy 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 Passamaquoddy Tribe agree and establish that: [PL 2021, c. 650, §9 […]
§6207. Regulation of natural resources 1. Adoption of hunting, trapping and fishing ordinances by the tribe or nation. Subject to the limitations of subsection 6, the Passamaquoddy Tribe and the Penobscot Nation each shall have exclusive authority within their respective Indian territories to enact ordinances regulating: A. Hunting, trapping or other taking of wildlife; […]
§6208-A. Houlton Band Tax Fund 1. Fund. The satisfaction of obligations, described in section 6208, owed to a governmental entity by the Houlton Band of Maliseet Indians shall be assured by a trust fund to be known as the Houlton Band Tax Fund. The secretary shall administer the fund in accordance with reasonable and prudent […]
§6208. Taxation 1. Settlement Fund income. The Settlement Fund and any portion of such funds or income therefrom distributed to the Passamaquoddy Tribe or the Penobscot Nation or the members thereof shall be exempt from taxation under the laws of the State. [PL 1979, c. 732, §§1, 31 (NEW).] 2. Property taxes. The Passamaquoddy […]
§6209-A. Jurisdiction of the Passamaquoddy Tribal Court 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 […]
§6209-B. Jurisdiction of the Penobscot Nation Tribal Court 1. Exclusive jurisdiction over certain matters. Except as provided in subsections 3 and 4, the Penobscot Nation has the right to exercise exclusive jurisdiction, separate and distinct from the State, over: A. Criminal offenses for which the maximum potential term of imprisonment does not exceed one […]
§6209-C. Jurisdiction of the Houlton Band of Maliseet Indians Tribal Court 1. Exclusive jurisdiction over certain matters. Except as provided in subsections 3 and 4, the Houlton Band of Maliseet Indians has the right to exercise exclusive jurisdiction, separate and distinct from the State, over: A. Criminal offenses for which the maximum potential term […]
§6209-D. Full faith and credit The Passamaquoddy Tribe, the Penobscot Nation and the State shall give full faith and credit to the judicial proceedings of the Houlton Band of Maliseet Indians. [PL 2009, c. 384, Pt. C, §1 (NEW); PL 2009, c. 384, Pt. C, §2 (AFF).] The Houlton Band of Maliseet Indians shall […]
§6209. Jurisdiction over criminal offenses, juvenile crimes, civil disputes and domestic relations (REPEALED) SECTION HISTORY PL 1979, c. 732, §§1,31 (NEW). PL 1987, c. 756, §§1,2 (AMD). PL 1989, c. 169, §§1,2 (AMD). PL 1991, c. 484, §8 (AMD). PL 1991, c. 484, §9 (AFF). PL 1991, c. 766, §1 (AMD). PL 1991, c. 766, […]
§6210. Law enforcement on Indian reservations and within Indian territory 1. Exclusive authority of tribal law enforcement officers. Law enforcement officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive authority to enforce, within their respective Indian territories, ordinances adopted under section 6206 and section 6207, subsection 1, and to enforce, on their […]
§6211. Eligibility of Indian tribes and state funding 1. Eligibility generally. The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians are eligible for participation and entitled to receive benefits from the State under any state program that provides financial assistance to all municipalities as a matter of right. Such entitlement must […]