LD 1914
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LD 1914 Title Page An Act Concerning Tribal Jurisdiction over Rights-of-way Over or Abutting Triba... Page 2 of 4
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LR 2608
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30 MRSA §6206, sub-§§1 and 3, as enacted by PL 1979, c. 732, §§1
and 31, are amended to read:

 
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 ordinances and collect
taxes, and shall be are subject to all the duties, obligations,
liabilities and limitations of a municipality of and subject to
the laws of the State, provided, however, that as long as
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 and the use or disposition of settlement fund income
shall are not be subject to regulation by the State. The
Passamaquoddy Tribe has concurrent authority over any public or
private right-of-way and over any railroad, utility or other
right-of-way that are not owned by the tribe but bordered on one
or both sides by Passamaquoddy Indian territory to enact tribal
ordinances not inconsistent with state law. 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 of the respective Indian territories. 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.

 
3. Ordinances. The Passamaquoddy Tribe and the Penobscot
Nation each shall have has the right to exercise exclusive
jurisdiction within its respective Indian territory and the
Passamaquoddy Tribe has the same rights over any public or
private right-of-way and over any railroad, utility or other
right-of-way that are not owned by the tribe but bordered on one
or both sides by Passamaquoddy Indian territory over violations
by members of either tribe or nation of tribal ordinances adopted
pursuant to this section or section 6207. The decision to
exercise or terminate the jurisdiction authorized by this section
shall be is made by each tribal governing body. Should either
tribe or nation choose not to exercise, or to terminate its


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