Jurisdictional Issues
As federally recognized Indian tribes, the Passamaquoddy Tribe, the Penobscot
Indian Nation, the Houlton Band of Maliseets, and (most recently) the Aroostook
Band of Micmacs are eligible for all federal Indian benefits. All federal
laws concerning Indians apply in Maine unless they are contrary to settlement
terms.
The Passamaquoddy Tribe and the Penobscot Indian Nation are subject to the same
state laws as municipalities, with certain exceptions, as described above.
The following areas of law are spelled out in the settlement in relation to the
Penobscot Indian Nation and the Passamaquoddy Tribe:
They may adopt constitutions consistent with the Settlement Act.
The Indian Child Welfare Act, a federal law designed to protect Indian families
and communities from losing their children, applies to them, thereby recognizing
the exclusive jurisdiction of the Tribe and Nation over Indian children living
on their reservations.
They may sue and be sued, but have sovereign immunity to the same extent as a
municipality when acting in their governmental capacity.
They may have their own courts with exclusive jurisdiction over minor crimes,
minor juvenile offenses, minor civil disputes, divorce, and child custody
matters for their members. The Tribe and Nation use the State of Maine's
definition of crimes.
They may make the rules for hunting and trapping in their Indian territories and
for fishing on any point that is entirely within the territory and is less than
10 acres in area. The rules cannot discriminate against non-Indians
allowed to hunt and fish in the territories, except that there may be special
rules allowing individual members of the Tribe or Nation to hunt, trap, or fish
for their own food. The State Commissioner of Inland Fisheries and
Wildlife can overrule the Passamaquoddy and Penobscot fish and wildlife
regulations, if it can be proved that they cause a significant depletion of fish
and wildlife outside the Indian territories.
They must make payments to the State equal to the amount that would otherwise be
imposed by county, district, state, or other taxing authority that are called
"payments in lieu of taxes", so Indian lands cannot be taken by the State under
its tax laws.