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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 803 - L.D. 1969
An Act to Expand the Use of Funds to Support Land Conservation
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes a new fund, the Land for Maine's Future Trust
Fund, and directs the transfer of funds to the Land for Maine's Future Trust Fund on or
before June 30, 2023; and
Whereas, in order to meet that requirement, this legislation must take effect
immediately; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §6201, sub-§2, as amended by PL 2021, c. 398, Pt. FFFF, §2, is
further amended to read:
2. Cooperating entities.
organizations, municipal conservation commissions, local governments, federal agencies
or other bodies designated by the Land for Maine's Future Board pursuant to section 6203
as able to assist the State in the acquisition or management of conservation lands of
statewide significance or for community conservation projects 6203-E or 6203-F.
Sec. 2. 5 MRSA §6201, sub-§3, as amended by PL 2021, c. 135, §1, is further
amended to read:
3. Matching funds.
funds used in conjunction with the Land for Maine's Future Trust Fund, the Public Access
to Maine Waters Fund and, the Maine Working Farmland Access and Protection Fund, the
Conservation and Recreation Fund and the Conservation Land Management Fund for the
purpose of this chapter, including, but not limited to: private contributions of cash or
securities; money from municipal or other public agencies; money from a federal matching
APPROVED
JUNE 23, 2023
BY GOVERNOR
CHAPTER
284
PUBLIC LAW Page 2 - 131LR2547(03)
program, subject to the limitations of applicable federal and state laws, in an amount
authorized by the federal program; contributions of real property, or interest in real
property, that serves the acquisition needs of the State as determined by the Land for
Maine's Future Board; in-kind contributions; or any combination of those funds.
Contributions of land or interest in land must be valued, for purposes of this section, in the
amount of their appraised value.
Sec. 3. 5 MRSA §6203, as amended by PL 2021, c. 135, §3; c. 398, Pt. FFFF, §3;
and c. 409, §1, is repealed.
Sec. 4. 5 MRSA §6203-A, sub-§1, as enacted by PL 1993, c. 728, §5, is amended
to read:
1. Fund established.
that is administered by the board. The Public Access to Maine Waters Fund consists of the
proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
funds received as contributions from private and public sources for those purposes. The
Public Access to Maine Waters Fund must be held separate and apart from all other money,
funds and accounts. Eligible, except that eligible investment earnings credited to the assets
of the Public Access to Maine Waters Fund become part of the assets of that fund the Land
for Maine's Future Trust Fund. Any balance remaining in the Public Access to Maine
Waters Fund at the end of a fiscal year must be carried forward for the next fiscal year.
Sec. 5. 5 MRSA §6203-A, sub-§2, as enacted by PL 1993, c. 728, §5, is repealed
and the following enacted in its place:
2. Grants; matching funds.
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. 6. 5 MRSA §6203-B, sub-§1, as enacted by PL 2011, c. 266, Pt. B, §3, is
amended to read:
1. Fund established.
referred to in this section as "the fund," is established and is administered by the board in
cooperation with the Commissioner of Marine Resources under the provisions of this
chapter and Title 12, section 6031‑A. The fund consists of the proceeds from the sale of
bonds authorized for the purposes set forth in subsection 3 and funds received as
contributions from private and public sources for those purposes. The fund must be held
separate and apart from all other money, funds and accounts. Eligible, except that eligible
investment earnings credited to the assets of the fund become part of the assets of the fund
Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
fiscal year must be carried forward for the next fiscal year.
Sec. 7. 5 MRSA §6203-C, sub-§1, as enacted by PL 2021, c. 135, §4, is amended
to read:
1. Fund established.
referred to in this section as "the fund," is established and is administered by the board in
cooperation with the Commissioner of Agriculture, Conservation and Forestry under the Page 3 - 131LR2547(03)
provisions of this chapter and Title 7, section 164. The fund consists of the proceeds from
the sale of bonds authorized for the purposes set forth in subsection 3 and funds received
as contributions from private and public sources for those purposes. The fund must be held
separate and apart from all other money, funds and accounts. Eligible, except that eligible
investment earnings credited to the assets of the fund become part of the assets of the fund
Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
fiscal year must be carried forward for the next fiscal year.
Sec. 8. 5 MRSA §6203-D is enacted to read:
§6203-D. Land for Maine's Future Trust Fund
1. Fund established. There is established the Land for Maine's Future Trust Fund that
is administered by the board. The Land for Maine's Future Trust Fund consists of the
proceeds from the sale of any bonds authorized for the purposes set forth in subsection 2,
eligible investment earnings of funds established under this chapter and any funds received
as contributions from private and public sources for the purposes set forth in subsection 2.
The Land for Maine's Future Trust Fund must be held separate and apart from all other
money, funds and accounts and eligible investment earnings credited to the assets of the
Land for Maine's Future Trust Fund become part of the assets of that fund. Any balance
remaining in the Land for Maine's Future Trust Fund at the end of any fiscal year must be
carried forward for the next fiscal year.
2. Fund proceeds. The proceeds of the Land for Maine's Future Trust Fund may be
applied and expended to accomplish the purposes of the funds established in sections
6203-A to 6203-C and 6203-E and 6203-F.
Sec. 9. 5 MRSA §6203-E is enacted to read:
§6203-E. Conservation and Recreation Fund
1. Fund established. There is established the Conservation and Recreation Fund that
is administered by the board. The Conservation and Recreation Fund consists of the
proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
funds received as contributions from private and public sources for those purposes. The
Conservation and Recreation Fund must be held separate and apart from all other money,
funds and accounts, except that eligible investment earnings credited to the assets of the
Conservation and Recreation Fund become part of the assets of the Land for Maine's Future
Trust Fund. Any balance remaining in the Conservation and Recreation Fund at the end of
a fiscal year must be carried forward for the next fiscal year.
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
3. Fund proceeds. The proceeds of the Conservation and Recreation Fund may be
applied and expended to: Page 4 - 131LR2547(03)
A. Acquire property or an interest in property that is determined by the board to be of
statewide significance or for a community conservation project under the guidelines of
this chapter;
B. When interest in land is acquired with proceeds from the Conservation and
Recreation Fund, fund minor capital improvements on such lands and on adjoining
lands in the same ownership or under the same management to improve accessibility,
as long as these improvements do not exceed 5% of the appraised value of the acquired
property;
C. When land or interest in land is acquired with proceeds from the Conservation and
Recreation Fund, fund minor capital investments in the stewardship and management
of that land. Stewardship and management investments under this paragraph must be
held in a dedicated stewardship endowment and identified for use on the funded
property. Stewardship and management investments may not exceed 5% of the
appraised value of the acquired property; and
D. When land or interest in land for deer wintering areas is acquired with proceeds
from the Conservation and Recreation Fund pursuant to section 6207, subsection 2,
paragraph E, fund the development of a management plan to provide for the land's
continuing function as a deer wintering area, as long as the cost of the plan and any
investments related to that land under paragraph C do not exceed 5% of the appraised
value of the acquired property. A management plan developed under this paragraph
may also apply to adjoining deer wintering areas in the same ownership or under the
same management.
Sec. 10. 5 MRSA §6203-F is enacted to read:
§6203-F. Conservation Land Management Fund
1. Fund established.
that is administered by the board. The Conservation Land Management Fund consists of
the proceeds from the sale of bonds authorized for the purposes set forth in subsection 3
and funds received as contributions from private and public sources for those purposes.
The Conservation Land Management Fund must be held separate and apart from all other
money, funds and accounts, except that eligible investment earnings credited to the assets
of the Conservation Land Management Fund become part of the assets of the Land for
Maine's Future Trust Fund. Any balance remaining in the Conservation Land Management
Fund at the end of a fiscal year must be carried forward for the next fiscal year.
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
3. Fund proceeds. The proceeds of the Conservation Land Management Fund may be
applied and expended to:
A. Make capital improvements to enhance public recreational opportunities on
permanently conserved state, municipal and private conservation lands; and Page 5 - 131LR2547(03)
B. Enhance wildlife habitat protection on permanently conserved state, municipal and
private conservation lands.
Sec. 11. 5 MRSA §6204, sub-§6, as affected by PL 2011, c. 655, Pt. II, §11 and
amended by c. 657, Pt. X, §4, is further amended to read:
6. Assistance.
Transportation; the Department of Agriculture, Conservation and Forestry; and all other
state agencies shall provide staff support and assistance considered necessary by the board
to fulfill the objectives of this chapter. If agency assistance is not available, consultants
may be hired from the proceeds of either the Land for Maine's Future Trust Fund or the
Public Access to Maine Waters Fund to assist the board in carrying out its responsibilities.
Sec. 12. 5 MRSA §6206, sub-§1, ¶A, as amended by PL 1993, c. 728, §8, is further
amended to read:
A. Complete an assessment of the State's public land acquisition needs and develop a
strategy and guidelines, based on that assessment, for use in allocating the proceeds of
the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the
Public Access to Maine Waters Fund. Both the assessment and the development of a
strategy and guidelines must be conducted with opportunities for participation by
interested state agencies and the public;
Sec. 13. 5 MRSA §6206, sub-§1, ¶D, as amended by PL 1993, c. 728, §8, is further
amended to read:
D. In accordance with the strategy and guidelines developed under paragraph A,
authorize distribution of proceeds from the Land for Maine's Future Trust Fund, the
Conservation and Recreation Fund and the Public Access to Maine Waters Fund for
acquisitions of property or interests in property; and
Sec. 14. 5 MRSA §6206, sub-§1, ¶E, as amended by PL 2007, c. 331, §1, is further
amended to read:
E. On January 1st of every odd-numbered year, report to the joint standing committee
of the Legislature having jurisdiction over matters pertaining to state parks and public
lands on expenditures from the Land for Maine's Future Trust Fund, the Conservation
and Recreation Fund and the Public Access to Maine Waters Fund and revisions to the
strategies and guidelines. This report must include a description of access to land and
interest in land acquired during the report period. If an acquisition has been made that
does not include guaranteed public vehicular access to the land acquired, the board
must provide justification for that acquisition and a plan for continuing efforts to
acquire guaranteed public access to the land. This report must include a summary of
the board's experience during the reporting period with projects funded pursuant to
section 6203 or 6203‑A, 6203-D or 6203-E and in which the land or interest in land is
acquired by a cooperating entity. This report must also include on a county-by-county
basis a summary of the expenditures made by the board and acreage conserved through
acquisition of fee or less-than-fee interest by the board during the report period. Each
report must include cumulative totals by county of acreage conserved through
acquisition of fee or less-than-fee interest through action by the board.
The report must include maps based on available information and at a statewide level
that show federal, state and other public lands and permanent interests in lands held for Page 6 - 131LR2547(03)
conservation purposes. The maps must also provide a representation of the amount of
land affected by conservation easements under Title 33, chapter 7, subchapter 8‑A.
Other state agencies holding conservation lands and interests in lands held for
conservation purposes shall assist in the preparation of the maps.
Sec. 15. 5 MRSA §6207, as amended by PL 2021, c. 676, Pt. A, §4, is further
amended to read:
§6207. Acquisition criteria
1. Distribution of funds.
Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public
Access to Maine Waters Fund to state agencies and cooperating entities for the acquisition
of natural lands that meet the criteria set forth in this chapter.
2. Determination of statewide significance.
acquisition must be funded, in full or in part, by the Land for Maine's Future Trust Fund,
the Conservation and Recreation Fund or the Public Access to Maine Waters Fund, the
board shall consider whether the site is of statewide significance and:
A. Contains recreation lands, prime physical features of the Maine landscape, areas of
special scenic beauty, farmland or open space, undeveloped shorelines, significant
undeveloped archeological sites, wetlands, fragile mountain areas or lands with other
conservation, wilderness or recreation values;
B. Is habitat for plant or animal species or natural communities considered rare,
threatened or endangered in the State;
C. Provides nonmotorized or motorized public access to recreation opportunities or
those natural resources identified in this section;
D. Provides public water supply protection when that purpose is consistent and does
not conflict with the natural resource conservation and recreation purposes of this
chapter; or
E. Contains deer wintering areas and satisfies all the requirements of subsection 3,
paragraph A.
3. Priorities.
Conservation and Recreation Fund and the Public Access to Maine Waters Fund must be
used for land acquisition projects when matching funds are available from cooperating
entities, as long as the proposed acquisition meets all other criteria set forth in this chapter.
For acquisitions funded by the Land for Maine's Future Trust Fund and the Conservation
and Recreation Fund, the board shall give priority to projects that conserve lands with
multiple outstanding resource or recreation values or a single exceptional value, that help
the State's natural ecosystems, wildlife and natural resource-based economies adapt to a
changing climate, that provide geographic representation and that build upon or connect
existing holdings.
A. When evaluating projects to be funded, the board shall give a preferential
consideration to projects that conserve lands that have been determined by the
Department of Inland Fisheries and Wildlife to be important for conserving deer in
northern, eastern and western Maine. To be given preferential consideration under this
paragraph, a project must result in the acquisition of a fee interest or an easement Page 7 - 131LR2547(03)
interest in the land, the department's holding the interest in the land and the
department's managing the land area as a wildlife management area, as defined in Title
12, section 10001, subsection 74, with deer conservation as the highest management
priority. Only projects that satisfy the requirements of this paragraph may be given
preferential consideration. Nothing in this paragraph limits the ability of the board to
use the Land for Maine’s Future Trust Fund or the Conservation and Recreation Fund
to fund other projects that may also help conserve deer or deer habitat but that do not
receive preferential consideration under this paragraph.
When acquiring land or interest in land, the board shall examine public vehicular access
rights to the land and, whenever possible and appropriate, acquire guaranteed public
vehicular access as part of the acquisition.
4. Nonqualifying expenditures. The board may not fund:
A. Facilities for organized recreational activities, including, but not limited to,
ballparks, tennis courts or playgrounds;
B. Except as provided in section 6203, subsection 3, paragraph B and section 6203‑A,
subsection 3, paragraph B, section 6203-D, subsection 2 and section 6203-E,
subsection 3, paragraph B, capital improvements on any publicly owned facilities; and
C. The acquisition of land of which the primary use value has been and will be as
commercially harvested or harvestable forest land.
5. Estimation of monitoring and management costs.
project under this chapter, a person submitting a proposal to acquire property or an interest
in property with funding from the Land for Maine's Future Trust Fund, the Conservation
and Recreation Fund or the Public Access to Maine Waters Fund shall provide:
A. A description of the management envisioned for the property for the first 10 years
following acquisition. When the application proposes acquiring an interest in property,
the application must provide a description of the anticipated management
responsibilities retained by the landowner and those to be assumed by the State or a
cooperating entity;
B. Preliminary estimates of the costs to the State or a cooperating entity of managing
the land for the uses proposed in the application; and
C. Preliminary estimates of the costs associated with monitoring compliance with an
easement when an interest in land is acquired.
6. Public uses.
land acquired with proceeds from the Land for Maine's Future Trust Fund or the
Conservation and Recreation Fund, except to the extent prohibited by applicable state, local
or federal laws, rules and regulations and except for working waterfront projects and
working farmland preservation projects.
Sec. 16. 5 MRSA §6209, sub-§1, as amended by PL 1993, c. 728, §13, is further
amended to read:
1. Uses of funds.
Conservation and Recreation Fund and the Public Access to Maine Waters Fund to acquire
real property in both fee and less-than-fee simple interest, including, but not limited to,
conservation easements, access easements, scenic easements, other permanent interests in Page 8 - 131LR2547(03)
land and long-term leases of at least 99 years, provided that as long as those acquisitions
are primarily natural lands meeting the criteria set forth in this chapter.
Sec. 17. 5 MRSA §6209, sub-§5, as amended by PL 1993, c. 728, §13, is further
amended to read:
5. Land evaluated.
Trust Fund, the Conservation and Recreation Fund or the Public Access to Maine Waters
Fund must be evaluated for rare, threatened or endangered species of plants and animals,
exemplary natural communities, features of historic significance and other high priority
natural features and ecologic functions as determined by the board, with reference to the
best inventory data available to the State. Subsequent management by state agencies
holding properties found to have such important features and functions must reflect the
objective of maintaining and protecting those features and functions.
Sec. 18. 5 MRSA §6211, sub-§3, as amended by PL 1999, c. 731, Pt. H, §1, is
further amended to read:
3. Distribution of proceeds.
under the agreement with the financial institution, credit union or other credit card issuer
must be deposited in a separate, interest-bearing account within the Land for Maine's Future
Trust Fund. The account must be held separate and apart from all other money, funds and
accounts. Eligible investment earnings credited to the assets of the account become part of
the assets of the account. Any balance remaining in the account at the end of any fiscal
year must be carried forward to the next fiscal year. Notwithstanding section 6203 6203-D,
subsection 3 2, the board may expend funds deposited in the account pursuant to this section
to cover administrative costs and for staff support and consulting services, as determined
necessary by the board to carry out its duties under this chapter.
Sec. 19. 7 MRSA §163, sub-§2, as enacted by PL 2009, c. 356, Pt. A, §2, is
amended to read:
2. Benefits.
agricultural districts in other states. Prior to initiating the pilot program, the commissioner
shall develop a description of potential benefits accruing to participants in a pilot program.
Potential benefits may include, but are not limited to, scoring bonuses for competitive
grants, loans or business assistance programs and for project proposals screened for
submission to the Land for Maine's Future Trust Fund under Title 5, section 6203 6203-D
or the Conservation and Recreation Fund under Title 5, section 6203-E. The commissioner
shall consult with other agencies administering programs affected by the proposed benefits.
Sec. 20. 12 MRSA §10109, sub-§1-A, as enacted by PL 2021, c. 409, §5, is
amended to read:
1-A. Acquisition of land; deer wintering areas.
areas that are important to the conservation of deer in northern, eastern and western Maine,
and may acquire these lands, including with funds provided by the Land for Maine's Future
Trust Fund or the Conservation and Recreation Fund in accordance with Title 5, section
6207. These lands must be designated as wildlife management areas and managed with
deer conservation as the highest management priority, and the commissioner shall ensure
that appropriate deed restrictions are placed on the land that reflect these priorities. The
commissioner shall also develop appropriate purchase and sale agreements that ensure that Page 9 - 131LR2547(03)
deer wintering areas on land to be acquired pursuant to this subsection are preserved as
deer wintering areas prior to purchase. Beginning January 15, 2023 and annually thereafter,
the department shall report to the joint standing committee of the Legislature having
jurisdiction over inland fisheries and wildlife matters on the acquisition and management
of deer wintering areas.
Sec. 21.
Forestry, Land for Maine's Future Trust Fund. Notwithstanding any provision of
law to the contrary, upon the repeal pursuant to this Act of the Land for Maine's Future
Fund established under the Maine Revised Statutes, Title 5, section 6203, the State
Controller shall transfer all funds in the Department of Agriculture, Conservation and
Forestry, Land for Maine's Future - Community Conservation Projects Other Special
Revenue Funds account to the Land for Maine's Future Trust Fund established under Title
5, section 6203-D. Notwithstanding Title 5, section 6203-D, subsection 2, the department
shall disburse these funds in accordance with Public Law 2021, chapter 398, Part FFFF,
section 8. Notwithstanding any provision of law to the contrary, upon the repeal pursuant
to this Act of the Land for Maine's Future Fund, the State Controller shall transfer all funds
in the Department of Agriculture, Conservation and Forestry, Land for Maine's Future Fund
Other Special Revenue Funds account to the Land for Maine's Future Trust Fund.
Sec. 22. Appropriations and allocations. The following appropriations and
allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Conservation and Recreation Fund N461
Initiative: Provides allocations to establish a fund and allow expenditures.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25All Other $500 $500
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$500 $500
Conservation Land Management Fund N462
Initiative: Provides allocations to establish a fund and allow expenditures.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25All Other $500 $500
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$500 $500
Land for Maine's Future Trust Fund N460
Initiative: Provides allocations to authorize expenditures to accomplish the purposes of the
funds established in the Maine Revised Statutes, Title 5, chapter 353.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25All Other $37,663,659 $500
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$37,663,659 $500
Page 10 - 131LR2547(03)
AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $37,664,659 $1,500
____________________
DEPARTMENT TOTAL - ALL FUNDS
$37,664,659 $1,500
Emergency clause.
takes effect when approved.