An Act Regarding National Forests
Maine Legislature, Session 122, LD 1395
Committee: Agriculture, Conservation and Forestry
Sponsors: RA YE, McLEOD, ANDREWS, BRYANT, CLUKEY, DAMON, DAVIS, MARTIN, MILLS, NUTTING, PLOWMAN, ROSEN, SNOWE-MELLO, TURNER, WESTON, ANNIS, BRYANT-DESCHENES, CARR, CLARK, DUCHESNE, EDGECOMB, FISCHER, FLETCHER, FLOOD, HOTHAM, JACKSON, JENNINGS, JODREY, JOY, KAELIN, LUNDEEN, MAREAN, MERRILL, PARADIS, PERRY, PIOTTI, RICHARDSON, SAVIELLO, SHERMAN, TARDY, THOMAS, TWOMEY
Amends: 12 MRSA §751, 12 MRSA §753, 12 MRSA §754

Legislative Document 
No. 1395 
S.P.484 
In Senate, March 22, 2005 
An Act Regarding National Forests 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator RA YE of Washington. 
Cosponsored by Representative McLEOD of Lee and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ANDREWS of York, BRYANT of Oxford, CLUKEY of Aroostook, DAMON of Hancock, 
DAVIS of Piscataquis, MARTIN of Aroostook, MILLS of Somerset, NUTTING of Androscoggin, 
PLOWMAN of Penobscot, ROSEN of Hancock, SNOWE-MELLO of Androscoggin, TURNER of 
Cumberland, WESTON of Waldo, Representatives: ANNIS of Dover-Foxcroft, BRYANT-
DESCHENES of Tumer, CARR of Lincoln, CLARK of Millinocket, DUCHESNE of Hudson, 
EDGECOMB of Caribou, FISCHER of Presque Isle, FLETCHER of Winslow, FLOOD of Winthrop, 
HOTHAM of Dixfield, JACKSON of Fort Kent, JENNINGS of Leeds, JODREY of Bethel, JOY of 
Crystal, KAELIN of Winterport, LUNDEEN of Mars Hill, MAREAN of Hollis, McFADDEN of 
Dennysville, MERRILL of Appleton, MILLS of Farmington, PARADIS of Frenchville, PERRY of 
Calais, PIOTTI of Unity, RICHARDSON of Greenville, RICHARDSON of Skowhegan, SAVIELLO 
of Wilton, SHERMAN of Hodgdon, TARDY of Newport, THOMAS of Ripley, TWOMEY of 
Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §751 is repealed. 
Sec.2. 12 MRS A §752 is amended to read: 
§752. Federal rules and regulations 
Power is conferred upon the Congress of the United States to 
pass such laws and to make or provide for the making of such 
rules and regulations, of both a civil and criminal nature, not 
inconsistent with any of the provlslons of this section and 
see~ieBs-+91-aaQ section 754, and provide punishment therefor, as 
in its judgment may be necessary for the administration, control 
and protection of such lands as are acquired by the United States 
under said sections. Such laws, rules and regulations sRall may 
not in any way supersede, invalidate or modify any of the laws of 
the 
respecting the storage, 
control, 
use 
or 
development of water resources in the State, or the Mill Act, so 
called. Said laws of the State of Maine as existing on March 20, 
1934, or thereafter enacted, are made applicable to all lands 
acquired under this section and see\:ieBs--7-!)..;l--aaQ section 754, 
notwi thstanding the title thereto sRa,!,l must be in the United 
States 
of 
America, 
nor 
sRall 
may 
such 
laws, 
rules 
and 
regulations, nor sRall may anything in said sections in any way 
limit the power of the State through its Legislature to pass any 
legislation, either general or specific, respecting the storage, 
control, use or development of the water resources thereon, or 
respecting the 
laws 
of the State pertaining to 
fishing 
and 
hunting, nor sRall may it prevent the flowage of lands acquired 
under this section and see~ieBs-+91-aaQ section 754 in accordance 
with the Mill Act, or special charter, or other general laws of 
the State, upon payment of compensation therefor, nor sRall may 
any consent of the United States of America be required to enable 
action to be taken under or in accordance with said laws. The 
State expressly reserves the jurisdiction of the courts of the 
State with respect to the determination of questions arlslng 
under said laws respecting lands so acquired by the United States 
of America. 
Sec. 3. 12 MRSA §753, as amended by PL 1975, c. 531, §1, is 
further amended to read: 
§753. State consent to acquisition of national forests 
Subject to the Act of Congress of March 1, 1911, 36 Statutes 
961, 
known as the Weeks Act, 
and Acts amendatory thereof and 
supplemental thereto, the consent of the State of Maine is given 
for the United States to acquire by purchase, gift or exchange 
upon the payment of adequate compensation ae\:-~i-nq--~~~T~~g 
Page l-LR13l6(l) 
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ae~aaaFy--±iaeT--aaa such lands within that portion of Oxford 
County included within purchase unit boundaries of the White 
Mountain National Forest on July 5, 1935, all in this State as 
are suitable for national forest purposes, and not over 2,000 
acres in Cumberland County for preserves for the protection and 
conservation of migratory birds; but no such acquisition saa±l 
may be made against the protest of any owner. Sections 1e1T 752 
and 754 shall do not apply to any lands acquired under this 
section and section 755. This section as it relates to Oxford 
County saall-ae is limited to such acquisition as saa±±-aave has 
been actually acquired prior to the effective date of this Act 
and no further land in Oxford County saall may be acquired after 
such date, unless such acquisition is approved by the voters of 
the municipality in which such land, in whole or in part, is 
located. 
Sec. 4. 12 MRSA §754 is amended to read: 
§754. Limitations on state consent 
The consent of the State of Maine to the United States of 
America to the acquisition of lands within the State by the 
United States of America for the establishment, consolidation and 
extension of national forests or any lands of a riparian nature 
or any lands with riparian rights appurtenant thereto or waiea 
that are necessary for 
any hydraulic development within this 
State is limited to the consent granted by this section and 
seetieas-1el-aaa section 752, and when such lands are acquired by 
the United States of America they saall ID.l.!£..t be held subject to 
all of the provisions of said sections so long as the ownership 
thereof is retained by the United States of America. 
SUMMARY 
This bill removes language that gives the consent of the 
State to the acquisition by the Federal Government of land that 
the 
Federal 
Government 
determines 
is 
needed 
for 
national 
forests. 
The bill also removes language that gives the consent 
of the State to the acquisition by the Federal Government of land 
in Hancock and Washington counties and in parts of Penobscot and 
Aroostook counties for national forests.