An Act To Implement the Recommendations of the Joint Standing Committee on Agriculture, Conservation and Forestry Relating to Review of the Department of Conservation
Maine Legislature, Session 122, LD 2083
Amends: 3 MRSA §959, 12 MRSA §8868, 12 MRSA §8869

Legislative Document 
No. 2083 
H.P.1474 
House of Representati ves, March 21, 2006 
An Act To Implement the Recommendations of the Joint Standing 
Committee on Agriculture, Conservation and Forestry Relating to 
Review of the Department of Conservation 
(EMERGENCY) 
Reported by Representative PIOTTI of Unity for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to the Maine Revised Statutes, Title 3, section 
955, subsection 4. 
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MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, statutes authorizing the Department of Conservation, Bureau of Forestry 
to study outcome-based forest policy as an alternative to prescriptive regulation will be 
repealed on July 1, 2006 unless action is taken by the Legislature; and 
Whereas, an extension of this repeal date is necessary for further study by the 
bureau of this potentially beneficial policy; 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. 3 MRSA §959, sub-§l, ~A, as amended by PL 2003, c. 578, § 1 and c. 
600, § 1, is further amended to read: 
A. 
The joint standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters shall use the following list as a 
guideline for scheduling reviews: 
(1) Baxter State Park Authority in 2009; 
(2) Department of Conservation in ~ 
2011; 
(3) Blueberry Advisory Committee in ~ 
2011; 
(4) Board of Pesticides Control in ~ 
2011; 
(5) Wild Blueberry Commission of Maine in ~ 
2011 ; 
(6) Seed Potato Board in ~ 
2011 ; 
(7) Maine Dairy and Nutrition Council in 2007; 
(8) Maine Dairy Promotions Board in 2007; 
(9) Maine Milk Commission in 2007; 
(10) State Harness Racing Commission in 2007; 
(11) Maine Agricultural Bargaining Board in ~ 
2009; 
(12) Department of Agriculture, Food and Rural Resources in 2009; and 
(14) Land for Maine's Future Board in 2007. 
Sec. 2. 12 MRS A §8003, sub-§3, ~Q, as enacted by PL 2001, c. 339, § 1, is 
amended to read: 
Q. 
The director, in cooperation with public and private landowners, shall actively 
pursue creating experimental areas on public and private land where the principles 
and applicability of outcome-based forest policy, as defined in section 8868, can be 
applied and tested. No more than 6 such areas may be designated, a single area may 
not exceed 100,000 acres and the total area under agreement may not exceed 200,000 
acres. One area must be owned by a landowner holding fewer than 1,000 acres 
statewide. The director shall seek to designate areas representing differing forest 
types and conditions and from different geographic regions of the State. The term of 
initial agreements may not exceed 5 years. This paragraph is repealed July 1, ~ 
2007. 
Sec. 3. 
MRSA §8868, sub-§2-B, as enacted by PL 2001, c. 339, §2, IS 
amended to read: 
2-B. 
Outcome-based forest policy. 
"Outcome-based forest policy" means a 
science-based, voluntary process to achieve agreed-upon economic, environmental and 
social outcomes in the State's forest, as an alternative to prescriptive regulation, 
demonstrating measurable progress towards achieving statewide sustainability goals and 
allowing landowners to use creativity and flexibility to achieve objectives, while 
providing for the conservation of public trust resources and the public values of forests. 
This subsection is repealed July 1, ~ 
2007. 
Sec. 4. 12 MRSA §8869, sub-§3-A, as enacted by PL 2001, c. 339, §3, is 
amended to read: 
3-A. 
Plans for experimental areas. Practices applied on an experimental area 
created pursuant to section 8003, subsection 3, paragraph Q must provide at least the 
equivalent forest and environmental protection as provided by existing rules and any 
applicable local regulations. At a minimum, tests of outcome-based principles must 
adciress: 
' 
A. 
Soil productivity; 
B. 
Water quality, wetlands and riparian zones; 
C. 
Timber supply and quality; 
D. 
Aesthetic impacts of timber harvesting; 
E. 
Biological diversity; and 
F. 
Public accountability. 
The Governor shall appoint a panel of technical experts to work with the director to 
implement, monitor and assess tests of outcome-based forestry principles. In order to 
participate in the outcome-based forestry experiment, the landowner, director and 
technical panel must develop agreed-upon desired outcomes for the experimental area 
and develop a method for determining if the outcomes have been attained and a system 
for reporting results to the public. This subsection is repealed July 1, ~ 
2007. 
Sec. 5. 12 MRSA §8869, sub-§7-A, as enacted by PL 2001, c. 339, §5, is 
amended to read: 
7-A. 
Exemption for outcome-based forest policy experimental areas. Outcome-
based forest policy experimental areas designated under section 8003, subsection 3, 
paragraph Q are exempt from the requirements of this subchapter and rules adopted 
pursuant to this subchapter. This subsection is repealed July 1, ~ 
2007. 
Sec. 6. 12 MRSA §8869, suh-§13, as enacted by F.: 2001, (·:'39, §6, is amended 
to read: 
13. 
Confidential information. Information provided to the bureau voluntarily or 
to fulfill reporting requirements for the purposes of establishing and monitoring outcome-
based forest policy experimental areas, as created pursuant to section 8003, subsection 3, 
paragraph Q, is designated as confidential for the purposes of Title 1, section 402, 
subsection 3, paragraph A if the bureau has determined that failure to designate the 
information as confidential would provide competitors an opportunity to obtain business 
or competitive advantage over the person to whom the information belongs or pertains or 
would result in loss or other significant detriment to that person. The bureau, working 
with the landowner and the panel of technical experts appointed under subsection 3-A, 
may publish reports as long as those reports do not reveal confidential information. This 
subsection is repealed July 1, ~ 
2007. 
Sec. 7. Report to Legislature on outcome-based forestry. By January 2, 
2007, the Director of the Bureau of F orestIy within the Department of Conservation shall 
report to the joint standing committee of the Legislature having jurisdiction over forestry 
matters on the interest in and feasibility of establishing outcome-based experimental areas 
in accordance with Public Law 2001, chapter 339. 
The report must include a 
recommendation regarding continuing authorization for the bureau to pursue outcome-
based forest policy. The committee may report out legislation to the 123rd Legislature 
regarding outcome-based forestry. 
Sec. 8. Review of submerged lands leasing program. The Director of the 
Bureau of Parks and Lands within the Department of Conservation shall review the rent 
structure for leases under the submerged lands leasing program administered by the 
bureau in accordance with the Maine Revised Statutes, Title 12, section 1862. The 
review must include an examination of fair market rental values, maximum rents 
established in statute and the potential to generate more revenue from submerged land 
leases. The director shall submit a report with findings and recommendations to the joint 
standing committee of the Legislature having jurisdiction over public lands by January 2, 
2007. The report must include options for increasing lease revenue significantly and a 
description of potential risks or problems associated with each option. The department 
shall submit legislation necessary to implement the bureau's recommendations to the First 
Regular Session of the 123rd Legislature. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
This bill is the committee report of the Joint Standing Committee on Agriculture, 
Conservation and Forestry pursuant to the Maine Revised Statutes, Title 3, section 955, 
subsection 4. It amends the statutes authorizing the Department of Conservation, Bureau 
of Forestry to study the feasibility of implementing an outcome-based forestry policy as 
defined in Title 12, section 8868, subsection 2-B by changing the statutory repeal date for 
these provisions from July 1,2006 to July 1,2007. It requires the Director of the Bureau 
of Forestry to report to the joint standing committee of the Legislature having jurisdiction 
over forestry matters by January 2, 2007 with a recommendation regarding continuing 
I 
authorization for outcome-based forestry. 
It authorizes the committee to report out 
legislation to the 123rd Legislature. 
This bill requires the Director of the Bureau of Parks and Lands within the 
Department of Conservation to review the bureau's rent structure for leasing submerged 
lands and to report back to the joint standing committee of the Legislature having 
jurisdiction over public lands by January 2, 2007. This bill also establishes the next 
review date for agencies reviewed by the Joint Standing Committee on Agriculture, 
Conservation and Forestry under the State Government Evaluation Act. 
r'iSCA.L \OTL Rt{JURL, 
(See attached) 
Approved: 03/19/06 :tPac 
LD ;. Cf3 
LR 3166(01) 
An Act to Implement the Recommendations of the Joint Standing Committee of Agriculture, 
Conservation and Forestry Relating to Review of the Department of Conservation 
Fiscal Note for Committee Bill 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund