An Act To Provide Forest Certification Cost-share Incentives to Forest Landowners and Licensed Foresters
Maine Legislature, Session 122, LD 1872
Committee: Agriculture, Conservation and Forestry
Sponsors: PIOTTI, BRYANT, MAREAN
Amends: 12 MRSA §8011, 12 MRSA §8012, 12 MRSA §8013

Legislative Document 
No. 1872 
H.P. 1312 
House of Representatives, January :3,2006 
An Act To Provide Forest Certification Cost-share Incentives to 
Forest Landowners and Licensed Foresters 
Submitted by the Department of Conservation pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
Presented by Representative PIOTTI of Unity. 
7r/~/f7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT of Windham, MAREAN of Hollis, Senator: 
BR Y ANT of Oxford. 
Printed on recyded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA c. 801-A, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER aOl-A 
FOREST CERTIFICATION INCENTIVE COST SHARE FUND 
Sec. 2. 12 MRSA §8011, as enacted by PL 2001, c. 439, Pt. 
KKKK, §l, is amended to read: 
§aOll. 
Cost-share fund established; purpose 
There is established a 
eeFtitieel--E-G-~-~~-£-e--maBa~eF 
~FaBt forest certification incentive cost-share fund, referred to 
in this chapter as the 
"~FaBt cost-share fund," from which the 
bureau 
may 
awaFel--~FaBts provide 
cost-share 
funds. 
A--~FaBt 
Cost-share 
funds 
may 
be 
awarded 
to 
a 
licensed FFetessieBal 
forester to assist that forester in obtaining initial independent 
3rd-party certification as 
a 
forest resource manager or to a 
landowner 
to 
assist 
the 
landowner 
in 
obtaining 
independent 
3rd-party certification that the landowner's forest land is well 
managed. 
~eFest--~-~-By--a-~~-~~-~~€£~--FeSe~Fee 
maBa~eF--may--~-££~~-e--~~~~~~~~-~--a--well-ffiaa~eel--teFest 
tRFe~~R-eleaF-Feview-aBel-aeeeFtaBee-FFeeeel~FesT 
The bureau may accept donations and grants from public and 
private sources for deposit in the 
~FaBt cost-share fund. 
All 
money received from appropriations, donations and grants to the 
~FaBt 
cost-share 
fund 
must 
be 
deposited 
in 
a 
nonlapsing, 
dedicated account. 
Sec. 3. 12 MRSA §8012, sub-§3, as enacted by PL 2001, c. 439, 
Pt. KKKK, §l, is amended to read: 
3. 
Independent 
3rd-party 
certification. 
"Independent 
3rd-party certification" means a system that verifies s~staiBa.ele 
teFest-~-~£~~~£--aa-~~--~£el-pa£~y--aaG~~-~--a 
lieeBseel-¥~€£-6~~-~-<H:'~~-'-&--ffiaaal!feffieat-e~--a--G-l-i-e-a-~!...s--f,eFest 
laBQST that forest management is consistent with a certification 
program's standards through an independent 3rd-party audit of the 
management of forest lands. 
To be considered an "independent 
3rd...,party certification" system: 
A. 
The certification 
program~.including, but not limit1tg 
to, 
the 
standards 
for 
awarding 
certification 
and 
the 
~otocols for ascertaining compliance, must be developed and 
administered by an entity with no financial interest in the 
Page l-LR2730(1) 
.. 
entity 
seeking 
certification 
except 
by 
reason 
of 
the 
contract for certification services: and 
B. 
The organization retained to perform the certification 
audit 
must 
receive 
no 
financial 
benefit 
from 
timber 
harvesting on the land or from the entity being audited, 
except 
for 
the 
contractual 
relationship 
for 
the 
audit 
service. 
Sec. 4. 12 MRSA §8012, sub-§4, as enacted by PL 2001, c. 439, 
Pt. KKKK, §l, is amended to read: 
4. 
Licensed forester. 
"Licensed 
pF9~essi9aal forester" 
means a person licensed pursuant to Title 32, chapter +9 LQ. 
Sec. 5. 12 MRSA §8013, as enacted by PL 2001, c. 439, Pt. 
KKKK, §l, is amended to read: 
SHOll. 
Administration of cost-share fund; procedure 
The 
bureau 
shall 
administer 
the 
~Faat cost-share 
fund 
pursuant to this section. 
1. 
Eligibility. 
The 
bureau 
may 
awaFa--~FaRts provide 
cost-share 
funds 
to 
a 
licensed 
pF9~essi9aal forester 
seekiH~ 
iRitiaJ: who has obtained independent 3rd-party certification or 
recertification as a forest resource manager in order that the 
forester's client landowners 
may obtain the benefits accruing 
from such certification. 
The bureau may provide cost-share funds 
to 
a 
landowner 
who 
has 
obtained 
independent 
3rd-party 
certification or 
recertification that 
the 
landowner's 
forest 
lands are well managed if that landowner does not own more than 
1,000 acres of forest land statewide. 
2. 
Amount of cost-share funds. 
The bureau may provide a 
~FaRt cost-share funds 
to a 
licensed 
pFe~essieRaJ: forester or 
landowner in an amount equal to 
50°1> of the cost of obtaining 
independent 3rd-party certification as a forest resource manager 
or $J:TGGGT-+HH..-€£€¥€-l"--.H;-.-less that the landowner's forest lands 
are well-managed. 
For purposes of this subsection, "cost of obtaining independent 
3rd-party certification" 
means 
the 
fee 
paid 
by the licensed 
forester or landowner to an external auditor. 
l. 
Repayment. 
A 
licensed 
pFe~essieRaJ: 
forester 
or 
landowner who accepts 
a-~-l"aRt cost-share funds but who fails to 
EI\iaJ:i~y-as--a--€-EH'-t.,i.f.,i~-f~--e-s-t.--r~-(}&-~--wj,-t-h-1n-~a-e--yeaF-e~ 
Feeeivia~-~Re-~~-~-~-~ai~&-te retain certification for the 
full certification period shall repay the full amount of the 
13Faat cost-share funds received to 
impose a 
reasonable interest rate 
cost-share funds. 
the bureau. 
on· the amount 
The bureau may 
of the 13l'aat 
4. 
Forms. 
The bureau shall provide application forms for 
licensed 
FFe~essieaa± foresters 
or 
landowners 
seeking 
13l'aatS 
cost-share 
fun~ pursuant to this chapter. 
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aaeFt-~~~-t;e--~~-~~€--~~~~&&&-~--t;ais-~~~---Ra±es 
aaeFtea-~~--~-t;his-~~~-~~-!'eHt;iBe-~~~~~--~~-as 
ae~iaea-ia-±it;±e-§T-ehaFt;el'-~1§T-sHbehaFteF-II-AT 
§w--Repe£~w--~Y-~~~r-~gg1r-t;he-~~~~~-~--~~-baFeaa 
sha±±-~~-a--~~~~-~~-the-~1nt--£~a£ai£13--~i&~-~--t;he 
be13is±at;aFe-~~-~HFisaietiea-~--Fel'est!'y-~~~~-eHt±iaia13 
the-~~~-~-beaefits-~-~~-eeFti~iea-~~~~--~r~-ffiaaa13eF 
13!'aat-~HaaT 
SUMMARY 
This bill amends 
the laws governing the certified forest 
resource manager grant fund in the Department of Conservation, 
Bureau of Forestry to establish a forest certification incentive 
cost-share fund and include owners of 1,000 acres or less of 
forest land as well as certified resource managers. 
•