An Act To Make Adjustments to the Allagash Wilderness Waterway
Maine Legislature, Session 122, LD 2077
Committee Amendment CA_A_S559 (Senate)
Amends: 12 MRSA §1882

COMMITTEE AMENDMENT A" to S.P. 811, L.D. 2077, Bill, "An Act To Make 
Adjustments to the Allagash Wilderness Waterway" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting in its place the following: 
'Sec. 1. 12 MRSA §1882, as enacted by PL 1997, c. 678, §13, is repealed and the 
following enacted in its place: 
§1882. Access points and control stations 
Except as provided in this section, the bureau may determine the location of access 
points, control stations and watercourse crossings within the waterway. 
1. Spring, summer and fall motor vehicle access to watercourse. Spring, summer 
and fall access by motor vehicle to the edge of the watercourse must be maintained at: 
A. Chamberlain Thoroughfare Bridge; 
B. Churchill Dam; 
C. Umsaskis Lake Thoroughfare; 
D. Henderson Brook Bridge; 
E. Michaud Farm; and 
F. Twin Brooks. 
2. Spring, summer and fall access by motor vehicle to existing short trails. 
Spring, summer and fall access by motor vehicle to short trails existing on the effective 
date of this subsection and leading to the watercourse must be maintained at: 
A. John's Bridge, limited to: 
(1) Unloading and access during the months of May and September; 
(2) Day use only with a permit from the bureau; 
(3) Parking outside the restricted zone; and 
COMMITTEE AMENDMENT 
,,-." 
COMMITTEE AMENDMENT A" to S.P. 811, L.D. 2077 
(4) No vehicle access to the water's edge; 
B. 
Bissonette Bridge road, over the road existing on the effective date of this 
paragraph to the trail existing on the effective date of this paragraph to the water's 
edge; 
C. Finley Bogan, from the Inn Road to the top of the high bank; 
D. 
Ramsey Ledge Campsite, limited to the motor vehicle parking area behind 
vegetative screening. Self-contained motor vehicle camping is allowed and canoe 
access is allowed; and 
E. Indian Stream, by the trail existing on the effective date of this paragraph. 
3. Snowmobile access to watercourse. The bureau shall maintain 19 snowmobile 
access points to the watercourse. Snowmobiles are prohibited on Allagash Lake and 
Allagash Stream. 
4. Permanent watercourse crossings. Notwithstanding section 1876, subsection 1, 
only the following six bridges within the waterway are permanent watercourse crossings: 
A. Henderson Brook Bridge; 
B. Reality Bridge, also known as Umsaskis Bridge; 
C. Churchill Dam Bridge; 
D. John's Bridge; 
E. Chamberlain Thoroughfare Bridge; and 
F. Allagash Stream Bridge. 
Watercourse crossings may not be constructed at the locations of the former Schedule 
Brook Bridge or the former Bissonette Bridge. Any right or interest granted to any 
person by the State to construct or maintain a bridge at those sites is extinguished. 
Sec. 2. Findings of fact. The Legislature finds that the Henderson Brook Bridge in 
the Allagash Wilderness Waterway, which is designated as a wild river pursuant to the 
federal Wild and Scenic Rivers Act, 16 United States Code, Section 1273(a)(ii), is a vital 
economic link to the Town of Allagash and the surrounding areas, providing access: 
1. Timber harvesting. For approved timber harvesting operations of approximately 
150,000 tons of timber annually, with an economic value to the region of over $6,500,000 
per year; 
2. Employment. To enhanced employment for the residents of the region; and 
3. Recreation. To recreational activities in the Allagash region. 
Sec. 3. 
Private rights to "ghost bridges" to be extinguished. 
The 
Department of Conservation, Bureau of Parks and Lands shall identify any private right, 
title or interest held by any person to construct or maintain a bridge at the locations of the 
former Schedule Brook Bridge or the former Bissonette Bridge, or at any other point 
within the Allagash Wilderness Waterway, and shall make every effort to enter into 
agreements with those persons to convey all such rights to the bureau on behalf of the 
State. Upon conveyance to the State of those rights, all such rights are extinguished. 
COMMITTEE AMENDMENT 
",,,,~. 
COMMITTEE AMENDMENT '11" to S.P. 811, L.D. 2077 
Nothing in this section may be construed to interfere with any person's right to lawfully 
cross the watercourse as defined in the Maine Revised Statutes, Title 12, section 1872. 
The department shall report to the joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestry matters on the progress of these 
discussions at the time it submits its proposed amendments to the 1999 Allagash 
Wilderness Waterway management plan under section 4. 
Sec. 4. Submission of management plan for review. No later than January 
15, 2007, the Department of Conservation, Bureau of Parks and Lands shall submit all 
changes proposed to the 1999 Allagash Wilderness Waterway management plan to the 
joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters for review. 
The department may proceed with 
improvements proposed in the plan that were begun prior to the effective date of this Act, 
but may not begin any other improvements proposed in the plan until the committee 
completes its review. Following completion of its review, the committee may report out 
a bill to the First Regular Session of the 123rd Legislature on any matter pertaining to the 
management of the Allagash Wilderness Waterway. 
Sec. 5. Study. The Commission to Study the Henderson Brook Bridge in the 
Allagash Wilderness Waterway, referred to in this section as "the commission," is 
established. 
1. Commission membership. The commission consists of 15 members, appointed 
as follows: 
A. Two members of the Senate, appointed by the President of the Senate; 
B. Three members of the House of Representatives, appointed by the Speaker of the 
House; 
C. Seven members appointed by the Governor, as follows: 
(1) Three persons, each representing a statewide environmental organization; 
(2) One person representing the interests of the Friends of the Allagash; 
(3) One person representing the interests of J.D. Irving, Limited; 
(4) One person representing the interests of Clayton Lake Woodlands; and 
(5) One person representing the interests of Seven Islands Land Company; 
D. The Commissioner of Conservation, or the commissioner's designee; 
E. The Executive Director of the Sportsman's Alliance of Maine, or the executive 
director's designee; and 
F. The representative of the National Park Service, Boston Support Office having 
responsibility for assistance to the State on matters pertaining to the Allagash 
Wilderness Waterway under the National Park Service's Rivers, Trails and 
Conservation Program, or that person's designee. 
In appointing legislative members, the Speaker of the House and the President of the 
Senate shall ensure that not more than 3 of the 5 appointed Legislators are members of 
the same political party. 
The Governor shall make his appointments from names 
recommended to the Governor by the organizations referenced in paragraph C. 
COMMITTEE AMENDMENT 
\\-.. 
COMMITTEE AMENDMENT ''A' to S.P. 811, L.D. 2077 
2. Chairs. The first-named Senate member is the Senate chair of the commission 
and the fust-named House of Representatives member is the House chair of the 
commission. 
3. Appointments. All appointments must be made no later than 30 days following 
the effective date of this Act. The appointing authorities shall notify the Executive 
Director of the Legislative Council once all appointments have been completed. Within 
days after appointment of all members, the chairs shall call and convene the first 
meeting of the commission. 
4. Duty. The duty of the commission is to make recommendations on the design of a 
bridge to replace the existing Henderson Brook Bridge within the Allagash Wilderness 
Waterway. 
In performing this duty, the commission shall consider the economic, 
environmental and aesthetic issues associated with the design, the specific location of the 
bridge within the immediate area of the existing bridge, approaches to the bridge and the 
configuration of a motor vehicle access site to the watercourse at the bridge. 
The 
commission shall consider designs that locate the bridge abutments away from the edge 
of the watercourse to the extent that is within economic and engineering constraints. In 
conducting its study, the commission shall consult with engineering professionals 
experienced in bridge design and construction, including, but not limited to, design 
professionals affiliated with the Advanced Engineered Wood Composites Center at the 
University of Maine. 
5. 
Staff assistance. 
The Legislative Council shall provide necessary staffing 
services to the commission. 
6. Compensation. Legislative members of the commission are entitled to receive 
the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and 
reimbursement for travel and other necessary expenses related to their attendance at 
authorized meetings of the commission. Public members not otherwise compensated by 
their employers or other entities that they represent are entitled to receive reimbursement 
of necessary expenses and, upon a demonstration of financial hardship, a per diem equal 
to the legislative per diem for their attendance at authorized meetings of the commission. 
7. Report. The commission shall submit a preliminary report to the Joint Standing 
Committee on Agriculture, Conservation and Forestry no later than November 1, 2006 
and shall submit a final report including its findings and recommendations to the joint 
standing committee of the Legislature having jurisdiction over agriculture, conservation 
and forestry matters no later than January 15, 2007. The commission is authorized to 
introduce legislation related to its report to the First Regular Session of the 123rd 
Legislature at the time of submission of its final report. 
8. Extension. Upon request by the commission, the Legislative Council may grant a 
limited extension of time for the commission to complete its study and make its final 
report. 
9. Commission budget. The Department of Conservation, Bureau of Parks and 
Lands shall, no later than 15 days following the effective date of this Act, transfer to the 
Executive Director of the Legislative Council sufficient funds to fund all per diem and 
expense costs for legislative members of the commission. 
All other costs of the 
commission, including per diem and expenses for other members, must be funded by the 
COMMITTEE AMENDMENT 
"-,,,. 
COMMITTEE AMENDMENT ,A" to s.P. 811, L.D. 2077 
bureau from within existing resources. The commission shall hold at least 6 meetings. 
The Executive Director of the Legislative Council shall administer any funds received by 
the commission. The executive director shall notify the chairs of the commission when 
sufficient funding has been received. 
Within 10 days after its first meeting, the 
commission shall present a work plan and proposed budget to the Legislative Council for 
its approval. 
The commission may not incur expenses that would result in the 
commission's exceeding its approved budget. 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
LEGISLATURE 
Study Commissions· Funding 0444 
Initiative: Allocates funds for the per diem and expenses of legislative members of the 
Commission To Study the Henderson Brook Bridge in the Allagash Wilderness 
Waterway. Funds are provided through a transfer from the Department of Conservation 
to the Legislature. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
2005·06 
$0 
$0 
2006·07 
$1,650 
$3,000 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$4,650 
SUMMARY 
This amendment replaces the bill. The amendment lists in statute the locations within 
the Allagash Wilderness Waterway of motor vehicle access points to the watercourse, 
requires that there be 19 snowmobile access points to the watercourse and lists the 6 
permanent watercourse crossings in the waterway. The amendment also prohibits any 
future construction of bridges at the sites of the former Bissonette Bridge and Schedule 
Brook Bridge and extinguishes any right granted by the State to any person for the 
construction of such bridges. The amendment also directs the Department of 
Conservation, Bureau of Parks and Lands to identify any persons claiming to have a 
private right to build such bridges and to make all efforts to acquire those rights on behalf 
of the State, at which time those rights would also be extinguished. 
The amendment also includes legislative findings of fact that the Henderson Brook 
Bridge is a vital link to the Town of Allagash and the surrounding areas, providing access 
for timber harvesting operations, enhancing employment for the residents of the region 
and providing recreational activities. 
The amendment also directs the Bureau of Parks and Lands to submit its proposed 
amendments to the 1999 Allagash Wilderness Waterway management plan to the joint 
standing committee of the Legislature having jurisdiction over agriculture, conservation 
and forestry matters by January 15, 2007 for review. The bureau may proceed with 
COMMITTEE AMENDMENT 
"" .. ". 
COMMITTEE AMENDMENT ,A" to S.P. 811, L.D. 2077 
improvements proposed in the plan that were begun prior to the effective date of this Act, 
but may not begin any other improvements proposed in the plan until the committee 
completes its review. Following its review of the plan, the committee is authorized to 
report out a bill on any matter relating to the management of the Allagash Wilderness 
Waterway. 
The amendment also creates a IS-member commission to study the design for a 
replacement of the existing Henderson Brook Bridge within the Allagash Wilderness 
Water~ay. All costs of the commission are funded by the Bureau of Parks and Lands. 
The commission consists of 5 Legislators, 3 representatives of environmental 
organizations, one member of the Friends of the Allagash, 3 landowners engaged in 
timber harvesting and land management, a representative of the Sportsman's Alliance of 
Maine, the Commissioner of Conservation or the commissioner's designee and a 
representative of the National Park Service, Boston Support Office. The commission is 
required to submit a preliminary report to the Joint Standing Committee on Agriculture, 
Conservation and Forestry by November 1,2006 and to submit its final report by January 
15,2007. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/06 ;:J!;?ac 
LD 2077 
LR 3087(02) 
An Act to Make Adjustments to the Allagash Wilderness Waterway 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current costs - Legislative Study 
Current costs - Other Special Revenue Funds 
2005-06 
2006-07 
Projections 
2007-08 
Appropriations/Allocations 
Other Special Revenue Funds 
$0. 
$4,650. 
$0. 
Transfers 
Other Special Revenue Funds 
$0. 
$0. 
$0. 
Legislative Study 
Projections 
2008-09 
$0. 
$0. 
The bill includes an allocation of Other Special Revenue Funds to the Legislature in fiscal year 20.0.6-0.7 in the amount 
of $4,650. for the costs of the per diem and expenses for legislative members of the Commission to Study the 
Henderson Brook Bridge in the Allagash Wilderness Waterway. These funds are to be transferred to the Legislature 
from the Department of Conservation. 
Fiscal Note 
The bill specifies that expenses incurred as a result of the bill will be funded by the Bureau of Parks and Lands within 
the Department of Conservation within existing resources. The bureau estimates that their costs could be as high as 
$20.,0.0.0. and that this expense can be funded through existing Other Special Revenue Fund resources. Additional 
costs associated with the Department of the Attorney General can be absorbed by the department utilizing existing 
budgeted resources. 
LR3087(2) - Fiscal Note - Page 1 of 1