Public Laws

124th Legislature

First Regular Session


Parts: A B C D E F G

Chapter 384

H.P. 967 - L.D. 1377

PART A

Sec. A-1. 30 MRSA §6206-B, sub-§6,  as enacted by PL 2005, c. 310, §1 and affected by §2, is repealed.

Sec. A-2. 30 MRSA §6208, sub-§2-A  is enacted to read:

2-A Payments in lieu of taxes; authority.   Any municipality in which Houlton Band Trust Land is located has the authority, at its sole discretion, to enter into agreements with the Houlton Band of Maliseet Indians to accept other funds or other things of value that are obtained by or for the Houlton Band of Maliseet Indians by reason of the trust status of the trust land as replacement for payments in lieu of taxes.

Any agreement between the Houlton Band of Maliseet Indians and the municipality must be jointly executed by persons duly authorized by the Houlton Band of Maliseet Indians and the municipality and must set forth the jointly agreed value of the funds or other things identified serving as replacement of payments in lieu of taxes and the time period over which such funds or other things may serve in lieu of the obligations of the Houlton Band of Maliseet Indians provided in this section.

Sec. A-3. 30 MRSA §6211,  as amended by PL 1997, c. 626, §§1 and 2 and affected by §3, is further amended to read:

§ 6211.  Eligibility of Indian tribes and state funding

1. Eligibility generally.   The Passamaquoddy Tribe and , the Penobscot Nation shall be and the Houlton Band of Maliseet Indians are eligible for participation and entitled to receive benefits from the State under any state program which that provides financial assistance to all municipalities as a matter of right. Such entitlement shall must be determined using statutory criteria and formulas generally applicable to municipalities in the State. To the extent that any such program requires municipal financial participation as a condition of state funding, the share for either the Passamaquoddy Tribe or , the Penobscot Nation or the Houlton Band of Maliseet Indians may be raised through any source of revenue available to the respective tribe or , nation or band, including but without limitation taxation to the extent authorized within its respective Indian territory. In the event that any applicable formula regarding distribution of moneys money employs a factor for the municipal real property tax rate, and in the absence of such tax within either the Indian territory, the formula applicable to such Indian territory shall must be computed using the most current average equalized real property tax rate of all municipalities in the State as determined by the State Tax Assessor. In the event any such formula regarding distribution of moneys money employs a factor representing municipal valuation, the valuation applicable to such Indian territory shall must be determined by the State Tax Assessor in the manner generally provided by the laws of the State , provided, however, that as long as property owned by or held in trust for either a tribe or , nation or band and used for governmental purposes shall be is treated for purposes of valuation as like property owned by a municipality.
2. Limitation on eligibility.   In computing the extent to which either the Passamaquoddy Tribe or , the Penobscot Nation or the Houlton Band of Maliseet Indians is entitled to receive state funds under subsection 1, other than funds in support of education, any money received by the respective tribe or , nation or band from the United States within substantially the same period for which state funds are provided, for a program or purpose substantially similar to that funded by the State, and in excess of any local share ordinarily required by state law as a condition of state funding, must be deducted in computing any payment to be made to the respective tribe or , nation or band by the State. Unless otherwise provided by federal law, in computing the extent to which either the Passamaquoddy Tribe or , the Penobscot Nation or the Houlton Band of Maliseet Indians is entitled to receive state funds for education under subsection 1, the state payment must be reduced by 15% of the amount of federal funds for school operations received by the respective tribe or , nation or band within substantially the same period for which state funds are provided, and in excess of any local share ordinarily required by state law as a condition of state funding. A reduction in state funding for secondary education may not be made under this section except as a result of federal funds received within substantially the same period and allocated or allocable to secondary education.
3. Eligibility for discretionary funds.   The Passamaquoddy Tribe and , the Penobscot Nation shall be and the Houlton Band of Maliseet Indians are eligible to apply for any discretionary state grants or loans to the same extent and subject to the same eligibility requirements, including availability of funds, applicable to municipalities in the State.
4. Eligibility of individuals for state funds.   Residents of either the Indian territory shall be territories or Houlton Band Trust Land are eligible for and entitled to receive any state grant, loan, unemployment compensation, medical or welfare benefit or other social service to the same extent as and subject to the same eligibility requirements applicable to other persons in the State , provided, however, that as long as in computing the extent to which any person is entitled to receive any such funds , any moneys money received by such person from the United States within substantially the same period of time for which state funds are provided and for a program or purpose substantially similar to that funded by the State , shall be is deducted in computing any payment to be made by the State.

Sec. A-4. Contingent effective date. This Part takes effect October 1, 2009 only if, within 90 days after the adjournment of the First Regular Session of the 124th Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e)(2). Copies of the written certification must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333