An Act To Reform Natural Resources Agencies and Establish the Department of Natural Resources
Maine Legislature, Session 124, LD 1453
Committee: State and Local Government
Sponsors: BOLAND, BEAUDETTE, BLANCHARD, COTTA, HOGAN, KAENRA TH, MARTIN, TUTTLE
Amends: 2 MRSA §6

FIRST REGULAR SESSIOI~-2009 
Legislative Document 
No. 1453 
S.P.539 
In Senate, April 9, 2009 
An Act To Reform Natural Resources Agencies and Establish the 
Department of Natural Resources 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
9t!)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented" by Senator GERZOFSKY of Cumberland. (GOVERNOR'S BILL) 
Cosponsored by Representative BOLAND of Sanford and 
Senat01:: SIMPSON of Androscoggin, Representatives: BEAUDETTE of Biddeford, 
BLANCHARD of Old Town, COTTA of China, HOGAN of Old Orchard Beach, 
KAENRA TH of South Portland, MARTIN of Eagle Lake, TUTTLE of Sanford. 
Primed on r~Lydcd i1apI.!r 
Emergency preamble. Whereas,' acts and resolves of the Legislature do not 
become effective until90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation establishes the DepaJiment of Natural Resources. effective 
July 1, 2009; and 
Whereas, in the judgment of the Legislature, these facts create an ernergency 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 ofthe State of Maine as follows: 
Sec. 1. 2 MRSA §6, sub-§l, as repealed and replaced by PL 2005, c. 397, Pt. A, 
§ 1, is amended to read: 
1. Range 91. The salaries of the following state officials and employees are within 
salary range 91 : 
Commissioner of Natural Resources; 
Commissioner of Transportation; 
Commissioner of Conservation; 
Commissioner of Administrative and Financial Services; 
Commissioner of Education; 
Commissioner of Environmental Protection; 
Executive Director of Dirigo Health; 
Commissioner of Public Safety; 
Commissioner of Professional and Financial Regulation; 
Commissioner of Labor; 
Commissioner of Agriculture, Food and Rural Resources: 
Commissioner of Inland Fisheries and \Vildlife: 
Commissioner of Marine Resources: 
Commissioner of Corrections; 
Commissioner of Economic and Community Development; 
Commissioner of Defense, Veterans and Emergency Management; and 
Executive Director, Workers' Compensation Board. 
Sec. 2. 12 MRS A Pt. 14 is enacted to read: 
PART 14 
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DEPARTMENT OF NATURAL RESOURCES 
CHAPTER 951 
DEPARTMENT ESTABLISHMENT AND OPERATION 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§14001. Definitions 
As used in this Part, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. Commissioner. "Commissioner" means the Commissioner of Natural Resources. 
2. Department. "Department" means the Department of Natural Resourc'es. 
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SUBCHAPTER 2 
ORGANIZATION 
§14101. Department of Natural Resources 
The Department of Natural Resources is established to: 
1. 
Agriculture. 
Improve agriculture and advance the interests of husbandry; 
maintain and strengthen rural life and values; and promote prospering, stable rural 
COlnmunities that contribute to the quality of life and the preservation of productive 
farms, farmlands and open space; 
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2. Fisheries and wildlife. Preserve, protect and enhance. the inland fisheries and 
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wildlife resources of the State; encourage the wise use of these resources; ensure 
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coordinated planning for the future use and preservation of these resources; and provide 
for effective management of these resources; 
3. Lands, forests and minerals. 
Preserve, protect and enhance the land resources 
of the State; encourage the wise use of the scenic, mineral and forest resources of the 
State and ensure that coordinated planning for the future allocation of lands for 
recreational, forest production, mining and other public and private uses is effectively 
accomplished; and provide for the effective management of public lands in the State; and 
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4. 
Marine. Conserve and develop marine and estuarine' resources; conduct and 
sponsor scientific research; promote and develop the State's coastal fishing industries; and 
advise and cooperate with local, state and federal officials concerning activities in coastal 
waters. 
Pag\!:2 - IZ-4LRI217(Ol)-1 
§14102. Commissioner of Natural Resources 
The department is under the control and supervision of the Commissioner of Natural 
Resources, who is appointed by the Governor and subject to review by the joint standing 
committee of the Legislature having jurisdiction over natural resources matters and to 
confirmation by the Senate. The commissioner serves at the pleasure of the Governor.· 
§14103. Powers and duties of commissioner 
The commissioner has all of the powers and duties necessary to carry out the mission· 
and responsibilities of the depaJiment. 
. 
1. Administration. The commissioner shall administer the department in accordance 
with the requirements of this Title and shall fulfill the duties prescribed to the 
commissioner by state and federal law. 
2. Rulemaking. The commissioner shall adopt rules to implement this Title. Rules 
. 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A unless otherwise specified. 
. 3. Employees. The comm issioner may employ personnel as necessary to carry out 
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the work of the department. All personnel of the department are under the immediate 
supervision, direction and control of the commissioner. Department personnel must be 
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employed subject to the Civil Service Law. 
Sec. 3. Transition. The following provisions apply to the establishment of the 
Department of Natural Resources. 
1. Effective July 1, 2009, a new administrative unit must be established within the 
Department of Administrative and Financial Services to permit financial and personnel 
operation of the Department of Natural Resources. 
The former Department of 
Agriculture, Food and Rural Resources, the former Department of Conservation, the 
former Department ofInland Fisheries and Wildlife and the former Department of Marine 
Resources become part of this administrative unit and bureaus within the Department of 
Natural Resources. 
2. The positions of the commissioners of the former Department of Agriculture, 
Food and Rural Resources; the former Department of Conservation, the former 
Department of Inland Fisheries and Wildlife and the former Department of Marine 
Resources are eliminated. 
The Governor shall appoint an acting Commissioner of 
Natural Resources by July 1,2009. The acting commissioner serves at the pleasure of the 
Governor. The acting commissioner is responsible for the operation of the Department of 
Natural Resources until the implementing legislation for the department is adopted by the 
Legislature and a Commissioner of Natural Resources is duly appointed by the Governor 
and confirmed by the Legislature. 
. 
3. The acting commissioner shall develop and submit a plan for organization of the 
Department of Natural Resources and implementing legislation to the Second Regular 
Session of the 124th Legislature by January 1, 2010. Under the plan, the Department of 
Natural Resources administration must include a deputy commissioner of resource 
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development and promotion, a deputy commissioner of 'resource management and a 
director of operations and customer services. The plan must be designed to achieve, at a 
minimum, savings of $ r,500,000 during fiscal year 2009-10 'and $1,500,000 during fiscal 
year 20 I 0-11. 
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4. In developing the organization plan for the Department of Natural Resources, the 
acting commissioner shall: 
A. Seek to implement recommendations 1 to 8 of the 2008 report of the Natural 
Resource Agency Task Force appointed by the Governor to implement Public Law 
2007, chapter 539, Part YY, section 2. 'These include recorrimendations concerning 
marketing Maine's natural resources; reviewing business processes involved in 
natural resource agency ministerial licenses to create a system that serves all clients; 
consolidating management of state boat launch facilities; colocating natural resource 
agency staff in regional offices; aligning natural resource agency districts; 
establishing a single entity to manage public lands and public access consistent with 
management goals; prioritizing natural resource programs and services to foclls on 
critical needs not low priorities; and reviewing natural resource advisOlY boards and 
committees regarding effectiveness; 
B. Seek reorganization ideas from Legislators, members of the public, businesses, 
outside experts and others served by the deRaI1ments being reorganized; accept 
information; and address concerns. The acting commissioner shall consult widely 
among these interest groups; 
C. Cooperate with other entities of State Government; 
D. Consult with the Executive Director of the Maine Land Use Regulation 
Commission, Commissioner of Environmental Protection, Director of the State 
Planning Office within the Executive Department and other interested parties 
regarding the functions, management and best organization of the Maine Land Use 
Regulation Commission and the Board of Environmental Protection; 
E. Enhance services provided to natural resource-based businesses and industries, 
outdoor recreation, natural resource management and environmental protection; 
F. 
Integrate research, scientific, land management, enforcement and outreach, 
promotion and education functions; 
G. Utilize advances in science and technology and plan for trends in natural 
, resources, recreation activity, environmental management and business sector needs; 
H.Maximize natural resource, environmental and economic benefits; 
I. 
Coordinate and streamline functions, services and activities; 
J. 
Eliminate duplication of services and administrative activities; and 
K. Otherwise create efficiencies and cost-savings in the provision of services. 
5. Savings created in this Act must be reinvested for the purposes set forth in the 
Maine Revised Statutes, Title 12, section 14101 .. 
6.· Notwithstanding the Maine Revised Statutes, Title 7 and Title 12, the following 
provisions apply to the reassignm~nt of the duties and responsibilities of the Department 
of Agriculture, Food and Rural Resources, Department of Conservation, Department of 
Inland Fisheries and Wildlife and Department of Marine Resources. 
A. The Depi,trtment of Agriculture, Food and Rural Resources, Depllrtment of 
Conservation, Department of Inland Fisheries and Wildlife and Department of 
. Marine Resources as heretofore created and established by law are incorporated into 
the Department of Natural Resources. All references to, responsibilities of and 
authority conferred upon the Department of Agriculture, Food and Rural Resources, 
Department of Conservation, Department of Inland Fisheries and Wildlife and 
Department of Marine Resources, and those departments' predecessors, throughout 
. the Maine Revised Statutes are deemed to refer to and vest in the Department of 
Natural Resources created by this Act, as the successor department. The Department 
of Natural Resources is the successor iT) every way to the powers, duties and 
functions as assigned in Title 7 to the Department of Agriculture, Food and Rural 
Resources and Title 12 to the Department of Conservation, Department of Inland 
Fisheries and Wildlife and Department of Marine Resources. 
B. Notwithstanding the provisions of the Maine Revised Statutes,' Title 5, all 
accrued expenditures, assets, liabilities, balances of appropriations, allocations, 
transfers, revenues or other available funds in an account or subdivision of an account 
of the Department of Agriculture, Food and Rural Resources, Department of 
Conservation, Department of Inland Fisheries and Wildlife and Department of 
Marine Resources as set forth in this Act must be transferred to the proper accounts 
of the Department of Natural Resources by the State Controller or by financial order 
upon the request of the State Bl.I"dget Officer and with the approval of the Governor. 
C. 
. All rules of the Department of Agriculture, Food and Rural Resources, 
Department of Conservation, Department of Inland Fisheries and Wildlife and 
Depal1ment of Marine Resources, as they pertain to the duties of the Depal1ment of 
Natural Resources as set forth in this Act, that are in effect on the effective date of 
this Act remain in effect until rescinded, revised or amended. 
D. All contracts, agreements and compacts of the Department of Agriculture, Food 
and Rural Resources, Department of Conservation, Department of Inland Fisheries 
and Wildlife and Depal1ment of Marine Resources, as they pel1ain to the duties set 
forth in this Act, that are in effect on the effective date of this Act remain in effect 
. until they expire or are altered by the parties involved in the contracts or agreements. 
The Department of Natural Resources is the successor agency for all federal 
programs, grants and contracts. 
E. All records of the" Department of Agriculture, Food and Rllral Resources, 
Department of Conservation,. Department of Inland Fisheries and Wildlife and 
Department of Marine Resources, as they pertain to the duties set forth in this Act, 
must be transferred to the DepaI1ment of Natural Resources as necessary to 
implement this Act. 
F. 
All property and equipment of any bureau, division or program of the 
Department of Agriculture, Food and Rural Resources, Department of Conservation, 
Department of Inland Fisheries and Wildlife and Department of Marine Resources 
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pel1aining to the duties transferred pursuant to this Act are transferred to the 
Depal1ment of Natural Resources as necessary to implement this Act. 
G. Employees of the Department of Natural Resources who were employees of the 
Depal1mentofAgriculture, Food anq RuraL Resources, Department.of Conservation, 
, .. J:)~Ral1rneJ}U~.fJnlml~LF'ish~ries,a,n"LWjldlife, i:\nd Depal1ment of Marine Resources 
immediately prior to the effective date of this Act retain all their employee rights, 
privileges and benefits, including sick leave, vacation aild seniority, provided under 
th,e, ,Civil,S(;!ryiG(;! ,L.~W,Qr coJI~c:tjy~,b~rg~in.in.g ,agreements. The Department of 
Administrative and Financial Services, Bureau of Human Resources shall provide 
assistance to the affected 
depm1ments and shall assist with the orderly 
implementation of this paragraph. 
H. The State Budget Officer shall transfer 'position counts and available balances by 
financial order upon approval of the Governor in order to achieve the savings 
identified in subsection 3. These transfers are considered adjustments to authorized 
position count, appropriations and 'allocations in fiscal years 2009-10 and 20 10-11. 
The State Budget Officer shall provide the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs a report of 
the transferred amounts no later than January 15,20 I O. 
7. If the acting commissioner finds a conflict or inconsistency between provisions in 
the Maine Revised Statutes, Title 7 and Title 12 or rules adopted under those Titles, the 
acting commissioner shall attempt to resolve that conflict or inconsistency by interpreting 
the laws or rules together to give effect to the intent of the Legislature or agency, as the 
case may be. If the acting commissioner determines rulemaking is required to resolve a 
conflict or inconsistency, the commissioner may adopt rules as authorized under Title 12, ' 
se'ction 14103. In adopting rules under section 14103, the acting commissioner has sole 
discretion to determine whether a conflict or inconsistency exists. The acting 
commissioner shall notify the joint standing committee of the Legislature having 
jurisdiction oYer natural resources matters prior to adopting any emergency rule under 
this subsection. 
8. Wherever in the Maine Revised Statutes the words "Department of Agriculture, 
Food and Rural Resources," "Department of Conservation," "Department of Inland 
Fisheries and Wildlife" or "Department of Marine Resources" appear or reference is made 
to any of those departments with reference to the duties transferred to the Department of 
Natural Resources as set forth in this Act, they are amended to read or mean, as 
appropriate, "Department of Natural Resources," and the Revisor of Statutes shall 
implement this revision when updating, publishing or republishing the statutes. 
9. Wherever in the Maine Revised Statutes the words "Commissioner of Agriculture, 
Food and Rural Resources," "Commissioner of Conservation," "Commissioner of Inland 
Fisheries and Wildlife" or "Commissioner of Marine Resources" appear or reference is 
made to any of these positions with reference to the duties transferred to the 
Commissioner of Natural Resources as set fOl1h in this Act, they are amended to read or 
mean, as appropriate, "Commissioner of Natural Resources," and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
10. The Department of Administrative and Financial Services, Bureau of the Budget 
shall work with the employees of the Departlnent of Agriculture, Food and Rural 
Resources, Department of Conservation, Department of Inland Fisheries and Wildlife and 
Department of Marine Resources with regard to the duties transferred to the Department 
of Natural Resources as set forth in this Act to develop the budget for the Department of 
Natural Resources. 
Sec. 4. 
Appropriations and allocations." The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
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Executive Branch Departments and Independent Agencies - Statewide 0017 
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Initiative: Reduce"s funding from savings to be realized through reorganization and 
creation of the Department of Natural Resources. 
GENERAL FUND 
Unallocated 
GENERAL FUND TOTAL 
2009-10 
($1,500,000) 
($1,500,000) 
2010-11 
($1,500,000) 
($1,500,000) 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2009. 
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SUMMARY 
The purpose of this bill is to reorganize the current Dep~rtment of Agriculture, Food 
and Rural Resources, DepaJtment of Inland Fisheries and Wildlife, DepaJtment of 
Conservation and Depaltment of Marine Resources into one Department of Natural 
Resources, effective July 1,' 2009, and provide for the transition. The DepaJtment of 
Natural Resources is established to improve agriculture and strengthen rural life; enhance 
inland fisheries and wildlife resources; enhance the land resources of the State, including 
through coordinated planning for the future allocation of lands for recreational, forest 
production, mining and other public and private uses; and conserve and develop marine 
and estuarine resources, including for coastal fishing industries. The depaltment must 
include administration of resource development and promotion, resource management 
and operations and customer service. The bill authorizes' the appointment of an acting 
Commissioner of Natural Resources and directs the acting commissioner to. develop a 
plan for the organization of the new depaltment and implementing legislation. The acting 
commiSSIOner 
is 
also 
directed 
as 
part of the 
reorganization 
to 
implement 
recommendations 1 t08 of the 2008 report of the Natural Resource Agency Task.Force 
appointed by the Governor t6 implement Public Law 2007, chapter 539, Part YY, section 
2. 
The acting Commissioner of Natural Resources shall repOlt implementing legislation 
for the reorganization to the Legislature by January 1, 2010. 
Savings from the 
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reorganization must be reinvested in the Department of Natural Resources. 
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