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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1969S.P. 803 In Senate, May 18, 2023
An Act to Expand the Use of Funds to Support Land Conservation
(EMERGENCY)
Reference to the Committee on Agriculture, Conservation and Forestry suggested and
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator PIERCE of Cumberland. (GOVERNOR'S BILL)
Cosponsored by Representative MILLETT of Waterford and
Senators: BLACK of Franklin, RENY of Lincoln, VITELLI of Sagadahoc, Representatives:
FAULKINGHAM of Winter Harbor, FAY of Raymond, PLUECKER of Warren. Page 1 - 131LR2547(01)1 acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 this legislation establishes a new fund, the Land for Maine's Future Trust
4 Fund, and directs the transfer of funds to the Land for Maine's Future Trust Fund on or
5 before June 30, 2023; and
6 in order to meet that requirement, this legislation must take effect
7 immediately; and
8 in the judgment of the Legislature, these facts create an emergency within
9 the meaning of the Constitution of Maine and require the following legislation as
10 immediately necessary for the preservation of the public peace, health and safety; now,
11 therefore,
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13 as amended by PL 2021, c. 398, Pt. FFFF, §2, is
14 further amended to read:
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16 organizations, municipal conservation commissions, local governments, federal agencies
17 or other bodies designated by the Land for Maine's Future Board pursuant to section 6203
18 as able to assist the State in the acquisition or management of conservation lands of
19 statewide significance or for community conservation projects 6203-E or 6203-F.
20 as amended by PL 2021, c. 135, §1, is further
21 amended to read:
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23 funds used in conjunction with the Land for Maine's Future Trust Fund, the Public Access
24 to Maine Waters Fund and, the Maine Working Farmland Access and Protection Fund, the
25 Conservation and Recreation Fund and the Conservation Land Management Fund for the
26 purpose of this chapter, including, but not limited to: private contributions of cash or
27 securities; money from municipal or other public agencies; money from a federal matching
28 program, subject to the limitations of applicable federal and state laws, in an amount
29 authorized by the federal program; contributions of real property, or interest in real
30 property, that serves the acquisition needs of the State as determined by the Land for
31 Maine's Future Board; in-kind contributions; or any combination of those funds.
32 Contributions of land or interest in land must be valued, for purposes of this section, in the
33 amount of their appraised value.
34 as amended by PL 2021, c. 135, §3; c. 398, Pt. FFFF, §3;
35 and c. 409, §1, is repealed.
36 as enacted by PL 1993, c. 728, §5, is amended
37 to read:
38
39 that is administered by the board. The Public Access to Maine Waters Fund consists of the
40 proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
41 funds received as contributions from private and public sources for those purposes. The
42 Public Access to Maine Waters Fund must be held separate and apart from all other money, Page 2 - 131LR2547(01)
43 funds and accounts. Eligible, except that eligible investment earnings credited to the assets
44 of the Public Access to Maine Waters Fund become part of the assets of that fund the Land
45 for Maine's Future Trust Fund. Any balance remaining in the Public Access to Maine
46 Waters Fund at the end of a fiscal year must be carried forward for the next fiscal year.
5 as enacted by PL 1993, c. 728, §5, is repealed
6 and the following enacted in its place:
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8 designated cooperating entities for the purposes identified in subsection 3. For each grant
9 made under this subsection, the board shall require the grant recipient to provide matching
10 funds at least equal to the amount of the grant. Grants must be made according to rules
11 adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
12 as defined in chapter 375, subchapter 2‑A.
13 as enacted by PL 2011, c. 266, Pt. B, §3, is
14 amended to read:
15
16 referred to in this section as "the fund," is established and is administered by the board in
17 cooperation with the Commissioner of Marine Resources under the provisions of this
18 chapter and Title 12, section 6031‑A. The fund consists of the proceeds from the sale of
19 bonds authorized for the purposes set forth in subsection 3 and funds received as
20 contributions from private and public sources for those purposes. The fund must be held
21 separate and apart from all other money, funds and accounts. Eligible, except that eligible
22 investment earnings credited to the assets of the fund become part of the assets of the fund
23 Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
24 fiscal year must be carried forward for the next fiscal year.
25 as enacted by PL 2021, c. 135, §4, is amended
26 to read:
27
28 referred to in this section as "the fund," is established and is administered by the board in
29 cooperation with the Commissioner of Agriculture, Conservation and Forestry under the
30 provisions of this chapter and Title 7, section 164. The fund consists of the proceeds from
31 the sale of bonds authorized for the purposes set forth in subsection 3 and funds received
32 as contributions from private and public sources for those purposes. The fund must be held
33 separate and apart from all other money, funds and accounts. Eligible, except that eligible
34 investment earnings credited to the assets of the fund become part of the assets of the fund
35 Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
36 fiscal year must be carried forward for the next fiscal year.
37 is enacted to read:
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39 There is established the Land for Maine's Future Trust Fund that
40 is administered by the board. The Land for Maine's Future Trust Fund consists of the
41 proceeds from the sale of any bonds authorized for the purposes set forth in subsection 2,
42 eligible investment earnings of funds established under this chapter and any funds received
43 as contributions from private and public sources for the purposes set forth in subsection 2.
44 The Land for Maine's Future Trust Fund must be held separate and apart from all other
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45 money, funds and accounts and eligible investment earnings credited to the assets of the
46 Land for Maine's Future Trust Fund become part of the assets of that fund. Any balance
47 remaining in the Land for Maine's Future Trust Fund at the end of any fiscal year must be
48 carried forward for the next fiscal year.
5 The proceeds of the Land for Maine's Future Trust Fund may be
6 applied and expended to accomplish the purposes of the funds established in sections
7 6203-A to 6203-C and 6203-E and 6203-F.
8 is enacted to read:
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10 There is established the Conservation and Recreation Fund that
11 is administered by the board. The Conservation and Recreation Fund consists of the
12 proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
13 funds received as contributions from private and public sources for those purposes. The
14 Conservation and Recreation Fund must be held separate and apart from all other money,
15 funds and accounts, except that eligible investment earnings credited to the assets of the
16 Conservation and Recreation Fund become part of the assets of the Land for Maine's Future
17 Trust Fund. Any balance remaining in the Conservation and Recreation Fund at the end of
18 a fiscal year must be carried forward for the next fiscal year.
19 The board may make grants to state agencies and
20 designated cooperating entities for the purposes identified in subsection 3. For each grant
21 made under this subsection, the board shall require the grant recipient to provide matching
22 funds at least equal to the amount of the grant. Grants must be made according to rules
23 adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
24 as defined in chapter 375, subchapter 2‑A.
25 The proceeds of the Conservation and Recreation Fund may be
26 applied and expended to:
27 A. Acquire property or an interest in property that is determined by the board to be of
28 statewide significance or for a community conservation project under the guidelines of
29 this chapter;
30 B. When interest in land is acquired with proceeds from the Conservation and
31 Recreation Fund, fund minor capital improvements on such lands and on adjoining
32 lands in the same ownership or under the same management to improve accessibility,
33 as long as these improvements do not exceed 5% of the appraised value of the acquired
34 property;
35 C. When land or interest in land is acquired with proceeds from the Conservation and
36 Recreation Fund, fund minor capital investments in the stewardship and management
37 of that land. Stewardship and management investments under this paragraph must be
38 held in a dedicated stewardship endowment and identified for use on the funded
39 property. Stewardship and management investments may not exceed 5% of the
40 appraised value of the acquired property; and
41 D. When land or interest in land for deer wintering areas is acquired with proceeds
42 from the Conservation and Recreation Fund pursuant to section 6207, subsection 2,
43 paragraph E, fund the development of a management plan to provide for the land's
44 continuing function as a deer wintering area, as long as the cost of the plan and any
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45 investments related to that land under paragraph C do not exceed 5% of the appraised
46 value of the acquired property. A management plan developed under this paragraph
47 may also apply to adjoining deer wintering areas in the same ownership or under the
48 same management.
5 is enacted to read:
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8 that is administered by the board. The Conservation Land Management Fund consists of
9 the proceeds from the sale of bonds authorized for the purposes set forth in subsection 3
10 and funds received as contributions from private and public sources for those purposes.
11 The Conservation Land Management Fund must be held separate and apart from all other
12 money, funds and accounts, except that eligible investment earnings credited to the assets
13 of the Conservation Land Management Fund become part of the assets of the Land for
14 Maine's Future Trust Fund. Any balance remaining in the Conservation Land Management
15 Fund at the end of a fiscal year must be carried forward for the next fiscal year.
16 The board may make grants to state agencies and
17 designated cooperating entities for the purposes identified in subsection 3. For each grant
18 made under this subsection, the board shall require the grant recipient to provide matching
19 funds at least equal to the amount of the grant. Grants must be made according to rules
20 adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
21 as defined in chapter 375, subchapter 2‑A.
22 The proceeds of the Conservation Land Management Fund may be
23 applied and expended to:
24 A. Make capital improvements to enhance public recreational opportunities on
25 permanently conserved state, municipal and private conservation lands; and
26 B. Enhance wildlife habitat protection on permanently conserved state, municipal and
27 private conservation lands.
28 as affected by PL 2011, c. 655, Pt. II, §11 and
29 amended by c. 657, Pt. X, §4, is further amended to read:
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31 Transportation; the Department of Agriculture, Conservation and Forestry; and all other
32 state agencies shall provide staff support and assistance considered necessary by the board
33 to fulfill the objectives of this chapter. If agency assistance is not available, consultants
34 may be hired from the proceeds of either the Land for Maine's Future Trust Fund or the
35 Public Access to Maine Waters Fund to assist the board in carrying out its responsibilities.
36 as amended by PL 1993, c. 728, §8, is further
37 amended to read:
38 A. Complete an assessment of the State's public land acquisition needs and develop a
39 strategy and guidelines, based on that assessment, for use in allocating the proceeds of
40 the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the
41 Public Access to Maine Waters Fund. Both the assessment and the development of a
42 strategy and guidelines must be conducted with opportunities for participation by
43 interested state agencies and the public;
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1 as amended by PL 1993, c. 728, §8, is further
2 amended to read:
3 D. In accordance with the strategy and guidelines developed under paragraph A,
4 authorize distribution of proceeds from the Land for Maine's Future Trust Fund, the
5 Conservation and Recreation Fund and the Public Access to Maine Waters Fund for
6 acquisitions of property or interests in property; and
7 as amended by PL 2007, c. 331, §1, is further
8 amended to read:
9 E. On January 1st of every odd-numbered year, report to the joint standing committee
10 of the Legislature having jurisdiction over matters pertaining to state parks and public
11 lands on expenditures from the Land for Maine's Future Trust Fund, the Conservation
12 and Recreation Fund and the Public Access to Maine Waters Fund and revisions to the
13 strategies and guidelines. This report must include a description of access to land and
14 interest in land acquired during the report period. If an acquisition has been made that
15 does not include guaranteed public vehicular access to the land acquired, the board
16 must provide justification for that acquisition and a plan for continuing efforts to
17 acquire guaranteed public access to the land. This report must include a summary of
18 the board's experience during the reporting period with projects funded pursuant to
19 section 6203 or 6203‑A, 6203-D or 6203-E and in which the land or interest in land is
20 acquired by a cooperating entity. This report must also include on a county-by-county
21 basis a summary of the expenditures made by the board and acreage conserved through
22 acquisition of fee or less-than-fee interest by the board during the report period. Each
23 report must include cumulative totals by county of acreage conserved through
24 acquisition of fee or less-than-fee interest through action by the board.
25 The report must include maps based on available information and at a statewide level
26 that show federal, state and other public lands and permanent interests in lands held for
27 conservation purposes. The maps must also provide a representation of the amount of
28 land affected by conservation easements under Title 33, chapter 7, subchapter 8‑A.
29 Other state agencies holding conservation lands and interests in lands held for
30 conservation purposes shall assist in the preparation of the maps.
31 as amended by PL 2021, c. 676, Pt. A, §4, is further
32 amended to read:
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35 Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public
36 Access to Maine Waters Fund to state agencies and cooperating entities for the acquisition
37 of natural lands that meet the criteria set forth in this chapter.
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39 acquisition must be funded, in full or in part, by the Land for Maine's Future Trust Fund,
40 the Conservation and Recreation Fund or the Public Access to Maine Waters Fund, the
41 board shall consider whether the site is of statewide significance and:
42 A. Contains recreation lands, prime physical features of the Maine landscape, areas of
43 special scenic beauty, farmland or open space, undeveloped shorelines, significant Page 6 - 131LR2547(01)
44 undeveloped archeological sites, wetlands, fragile mountain areas or lands with other
45 conservation, wilderness or recreation values;
3 B. Is habitat for plant or animal species or natural communities considered rare,
4 threatened or endangered in the State;
5 C. Provides nonmotorized or motorized public access to recreation opportunities or
6 those natural resources identified in this section;
7 D. Provides public water supply protection when that purpose is consistent and does
8 not conflict with the natural resource conservation and recreation purposes of this
9 chapter; or
10 E. Contains deer wintering areas and satisfies all the requirements of subsection 3,
11 paragraph A.
12 , the
13 Conservation and Recreation Fund and the Public Access to Maine Waters Fund must be
14 used for land acquisition projects when matching funds are available from cooperating
15 entities, as long as the proposed acquisition meets all other criteria set forth in this chapter.
16 For acquisitions funded by the Land for Maine's Future Trust Fund and the Conservation
17 and Recreation Fund, the board shall give priority to projects that conserve lands with
18 multiple outstanding resource or recreation values or a single exceptional value, that help
19 the State's natural ecosystems, wildlife and natural resource-based economies adapt to a
20 changing climate, that provide geographic representation and that build upon or connect
21 existing holdings.
22 A. When evaluating projects to be funded, the board shall give a preferential
23 consideration to projects that conserve lands that have been determined by the
24 Department of Inland Fisheries and Wildlife to be important for conserving deer in
25 northern, eastern and western Maine. To be given preferential consideration under this
26 paragraph, a project must result in the acquisition of a fee interest or an easement
27 interest in the land, the department's holding the interest in the land and the
28 department's managing the land area as a wildlife management area, as defined in Title
29 12, section 10001, subsection 74, with deer conservation as the highest management
30 priority. Only projects that satisfy the requirements of this paragraph may be given
31 preferential consideration. Nothing in this paragraph limits the ability of the board to
32 use the Land for Maine’s Future Trust Fund or the Conservation and Recreation Fund
33 to fund other projects that may also help conserve deer or deer habitat but that do not
34 receive preferential consideration under this paragraph.
35 When acquiring land or interest in land, the board shall examine public vehicular access
36 rights to the land and, whenever possible and appropriate, acquire guaranteed public
37 vehicular access as part of the acquisition.
38 The board may not fund:
39 A. Facilities for organized recreational activities, including, but not limited to,
40 ballparks, tennis courts or playgrounds;
41 B. Except as provided in section 6203, subsection 3, paragraph B and section 6203‑A,
42 subsection 3, paragraph B, section 6203-D, subsection 2 and section 6203-E,
43 subsection 3, paragraph B, capital improvements on any publicly owned facilities; and
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1 C. The acquisition of land of which the primary use value has been and will be as
2 commercially harvested or harvestable forest land.
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4 project under this chapter, a person submitting a proposal to acquire property or an interest
5 in property with funding from the Land for Maine's Future Trust Fund, the Conservation
6 and Recreation Fund or the Public Access to Maine Waters Fund shall provide:
7 A. A description of the management envisioned for the property for the first 10 years
8 following acquisition. When the application proposes acquiring an interest in property,
9 the application must provide a description of the anticipated management
10 responsibilities retained by the landowner and those to be assumed by the State or a
11 cooperating entity;
12 B. Preliminary estimates of the costs to the State or a cooperating entity of managing
13 the land for the uses proposed in the application; and
14 C. Preliminary estimates of the costs associated with monitoring compliance with an
15 easement when an interest in land is acquired.
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17 land acquired with proceeds from the Land for Maine's Future Trust Fund or the
18 Conservation and Recreation Fund, except to the extent prohibited by applicable state, local
19 or federal laws, rules and regulations and except for working waterfront projects and
20 working farmland preservation projects.
21 as amended by PL 1993, c. 728, §13, is further
22 amended to read:
23 , the
24 Conservation and Recreation Fund and the Public Access to Maine Waters Fund to acquire
25 real property in both fee and less-than-fee simple interest, including, but not limited to,
26 conservation easements, access easements, scenic easements, other permanent interests in
27 land and long-term leases of at least 99 years, provided that as long as those acquisitions
28 are primarily natural lands meeting the criteria set forth in this chapter.
29 as amended by PL 1993, c. 728, §13, is further
30 amended to read:
31
32 Trust Fund , the Conservation and Recreation Fund or the Public Access to Maine Waters
33 Fund must be evaluated for rare, threatened or endangered species of plants and animals,
34 exemplary natural communities, features of historic significance and other high priority
35 natural features and ecologic functions as determined by the board, with reference to the
36 best inventory data available to the State. Subsequent management by state agencies
37 holding properties found to have such important features and functions must reflect the
38 objective of maintaining and protecting those features and functions.
39 as amended by PL 1999, c. 731, Pt. H, §1, is
40 further amended to read:
41
42 under the agreement with the financial institution, credit union or other credit card issuer
43 must be deposited in a separate, interest-bearing account within the Land for Maine's Future Page 8 - 131LR2547(01)
44 Trust Fund. The account must be held separate and apart from all other money, funds and
45 accounts. Eligible investment earnings credited to the assets of the account become part of
46 the assets of the account. Any balance remaining in the account at the end of any fiscal
47 year must be carried forward to the next fiscal year. Notwithstanding section 6203 6203-D,
48 subsection 3 2, the board may expend funds deposited in the account pursuant to this section
49 to cover administrative costs and for staff support and consulting services, as determined
50 necessary by the board to carry out its duties under this chapter.
8 as enacted by PL 2009, c. 356, Pt. A, §2, is
9 amended to read:
10
11 agricultural districts in other states. Prior to initiating the pilot program, the commissioner
12 shall develop a description of potential benefits accruing to participants in a pilot program.
13 Potential benefits may include, but are not limited to, scoring bonuses for competitive
14 grants, loans or business assistance programs and for project proposals screened for
15 submission to the Land for Maine's Future Trust Fund under Title 5, section 6203 6203-D
16 or the Conservation and Recreation Fund under Title 5, section 6203-E. The commissioner
17 shall consult with other agencies administering programs affected by the proposed benefits.
18 as enacted by PL 2021, c. 409, §5, is
19 amended to read:
20
21 areas that are important to the conservation of deer in northern, eastern and western Maine,
22 and may acquire these lands, including with funds provided by the Land for Maine's Future
23 Trust Fund or the Conservation and Recreation Fund in accordance with Title 5, section
24 6207. These lands must be designated as wildlife management areas and managed with
25 deer conservation as the highest management priority, and the commissioner shall ensure
26 that appropriate deed restrictions are placed on the land that reflect these priorities. The
27 commissioner shall also develop appropriate purchase and sale agreements that ensure that
28 deer wintering areas on land to be acquired pursuant to this subsection are preserved as
29 deer wintering areas prior to purchase. Beginning January 15, 2023 and annually thereafter,
30 the department shall report to the joint standing committee of the Legislature having
31 jurisdiction over inland fisheries and wildlife matters on the acquisition and management
32 of deer wintering areas.
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34 Notwithstanding any provision of
35 law to the contrary, on or before June 30, 2023, the State Controller shall transfer all funds
36 in the Department of Agriculture, Conservation and Forestry, Land for Maine's Future –
37 Community Conservation Projects Other Special Revenue Funds account to the Land for
38 Maine's Future Trust Fund established under the Maine Revised Statutes, Title 5, section
39 6203-D. Notwithstanding section 6203-D, subsection 2, the department shall disburse these
40 funds in accordance with Public Law 2021, chapter 398, Part FFFF, section 8.
41
42 takes effect when approved.
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2 This bill eliminates the Land for Maine's Future Fund, replaces it with the Land for
3 Maine's Future Trust Fund and transfers the balance in the Land for Maine's Future Fund.
4 It requires that the funds transferred be used for the purposes identified in Public Law 2021,
5 chapter 398, Part FFFF, section 8. The Land for Maine's Future Trust Fund may be used
6 for the purposes of the Public Access to Maine Waters Fund, the Maine Working
7 Waterfront Access Protection Fund, the Maine Working Farmland Access and Protection
8 Fund and the new funds established in this legislation. The bill amends provisions of law
9 affecting the Public Access to Maine Waters Fund, the Maine Working Waterfront Access
10 Protection Fund and the Maine Working Farmland Access and Protection Fund. The bill
11 establishes the Conservation and Recreation Fund to achieve the purposes of the former
12 Land for Maine's Future Fund. It establishes the Conservation Land Management Fund to
13 make capital improvements to and enhance wildlife habitat protection on permanently
14 conserved state, municipal and private conservation lands.
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